PRATHAMESH SURENDRA SOHALE Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Considering the controversy involved in the matter, and by consent of the learned Counsel appearing for the respective parties, the Appeal is taken up for final disposal at the stage of admission. Admit.

(2.) This appeal once again occasioned us to delve upon the issue to decide on facts and circumstances of the case, whether it is a case of mere breach of promise, or a case of false promise made since inception for obtaining consent for sex. We are undertaking said exercise to the limited extent to find out whether a prima facie case is made out to frame the charge.

(3.) The appellant/accused aged 24 years was involved in a Crime No.134/2021 for the offence punishable under Ss. 376, 376[2][N] of the Indian Penal Code, and Ss. 3[1][w][i], 3[2] [5] of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (hereinafter referred to as "the Atrocities Act" for short). Respondent no.2 victim aged 21 years has lodged a report against the accused for the aforesaid offences on 3/4/2021 with the Sadar Police Station, Nagpur. On the basis of said report, the police registered the aforesaid crime. Investigation was carried by the police culminated into filing of charge sheet. The accused has applied to the trial Court for discharge in terms of Sec. 227 of the Code of Criminal Procedure. On evaluation of the available material, the trial Court has formed an opinion that there are sufficient grounds to proceed further and accordingly rejected the discharge application vide order dtd. 3/8/2022, which is impugned herein. Since the provisions of Atrocities Act, have been involved, this is an appeal in terms of Sec. 14A of the said Act.