ACHCHHAN KHAN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. for the State-respondent and Shri Prem Chandra Chauhan, learned counsel for the informant and perused the records.

(2.) The present appeal has been filed under Sec. 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dtd. 20/11/2023 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No. 1450 of 2023 arising out of Case Crime No. 257 of 2021, under Ss. 376, 504 I.P.C. and Sec. 3(2)(v) of SC/ST Act, P.S. Bhaskari, District - Ambedkar Nagar.

(3.) Impeaching the order, under appeal, dtd. 15/7/2023 as also pressing the instant appeal, the learned counsel for the appellant stated that the victim, aged about 47 years, preferred an application under Sec. 156(3) Cr.P.C. making allegations to attract the offense under Ss. 376, 506 IPC as also Sec. 3(2)(v) of SC/ST Act as also to attract offense under Information Technology Act against the appellant on 19/1/2021 i.e. after alleged incident which took place on 12/9/2018 and thereupon the competent Court of jurisdiction passed the order and therefore the FIR in issue bearing No. 0257/2021 dtd. 20/9/2021 at 21:25 hours and was lodged. as per the FIR as also as per the averments made inSec. 156(3) Cr.P.C., the appellant committed crime for the first time on 12/9/2018 at about 19:00 hours and despite this allegation, thereafter, the victim on the call of the appellant on 17/9/2020 met with the appellant in a lonely place and there again,the appellant committed crime and also took obscene photograph of the victim.