DHARMENDRA VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second criminal appeal under Section 14-A(2) of the SC/ST Act 1989 by the appellant against the order dated 23.02.2021 passed by Special Judge (SC/ST) Hoshangabad in B.A.No.191/2021. The appellant has been arrested by the Police in connection with crime No.351/2020 registered at Police Station-Bankhedi, District Hoshangabad for offence punishable under Sections 366, 376 (2)(a), 506 of IPC and Section 3(2)(v) of the SC/ST Act.

(2.) The first criminal appeal preferred by the appellant seeking bail was dismissed on 11.01.2021. After receiving the DNA report of the prosecutrix and her daughter, the appellant has come again before this Court for seeking bail.

(3.) Earlier the bail was pleaded primarily on the ground that the prosecutrix was married to one Kalu Ram. Learned counsel for the petitioner placed reliance on the documents viz. (i) the complaint made by the prosecutrix against her husband-Kalu Ram and in-laws to SHO, Police Station Gadarwara, and (ii) complaint made by father of the prosecutrix against Kalu Ram regarding abduction. The other grounds pleaded were that the prosecutrix was a consenting party and there was a delay of about 3 years in filing the complaint.