(1.) Heard.
(2.) This is an application under section 438 of Code of Criminal Procedure.
(3.) One Ku. Disha was residing by the side of the house of the present applicant. Disha belongs to Mahar caste while present applicant belongs to Dhangar caste. Disha's father runs grocery shop and is also a money lender. Since they were neighbours and applicant used to go to the shop of the father of complainant Disha, they developed intimacy. They fell in love. The applicant/ accused assured to marry her. As a result of this, it is alleged that the accused and the complainant have had sexual intercourse. It is also alleged that they were having sexual intercourse repeatedly for a long period of two years i. e. from the year 2005. Subsequently, the complainant came to know that the applicant is getting engaged with another girl. She requested the applicant to marry her but applicant said that he would not marry her since she belongs to a lower caste. The complainant therefore lodged a report with police with allegations that the accused had intercourse with her under a promise of marriage. The police registered the offence under section 376 of indian Penal Code and section 3 (1) (xi) of scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.