RAJKUMAR AGARWAL Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 130/2000, registered at Police Station - Kusmunda, Distt. Korba ((C.G) for the offence punishable under Section 376(2)(g) of I.P.C., and section 3(2)(v) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act).

(2.) The case of the prosecution is that the prosecutrix Ku. Rameshwari, aged about 13 years, belonging to Gond Caste, was brought by the co-accused persons namely Munnu Dubey and Radha Devi (husband and wife) from her village for some domestic work in the month of March 2000 after promising to pay Rs. 500/- per month to her parents. The allegations are that few days thereafter one stout person came to their house and these two co-accused persons insisted the prosecutrix to have sexual intercourse with him. The prosecutrix denied it and ultimately nothing was done on the said day. The further allegations are that thereafter on 24.3.2000 the prosecutrix was taken to Sarvamangala Mandir, Korba where again the said person was called and the girl was handed over to him, who performed sexual intercourse with the girl. After the said incident which is said to have taken place on 24.3.2000, a written report was lodged by the prosecutrix on 31.3.2000 in Darri Police Station which was recorded in Roznamcha Sanha No. 1279. Later on, an offence u/s 376 read with section 34 IPC and section 3(2)(v) and 3(1)(xi) of the Special Act was registered and after investigation the charge sheet was filed against the co-accused persons Munnu Dubey and Radha Devi on 26.6.2000 in the Court of Judicial Magistrate First Class, Katghora. It was mentioned in the charge sheet that the investigation against accused Rajkumar Agrawal (present applicant) is going on and a supplementary charge sheet shall be filed in due course of time. (Please see Annexure A-2 Pg. 17 of the Paper book).

(3.) During the course of further investigation, this applicant was called by the police on or before 23.7.2000 and was put to Test Identification Parade on the same date, which was conducted by the Sub-Divisional Magistrate, Katghora, but the girl could not identify this applicant in the said T.I.P. (Please see Annexure A-3). It is after this investigation, the City Superintendent of Police, Katghora, gave an application to the concerned Court on 13.8.2000 stating that since the girl could not identify the present applicant in Test Identifcation Parade, the prosecution is not willing to file charge sheet against the applicant, who was suspected in this case.