RAKESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This second Criminal Appeal has been filed under Sec. 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dtd. 23/12/2021 passed by Special Judge,Guna whereby the application of the appellant under Sec. 439 of Cr.P.C.for grant of bail has been rejected. The first application was dismissed as withdrawn vide order dtd. 5/1/2022 in Cr.A. No.13/2022.

(2.) Appellant is in custody since 7/12/2021 for the alleged offences registered at Crime No.1047/2021 at Police Station Cantt. District Guna (M.P.) for the offence punishable under Ss. 344, 365, 366, 368, 376(2)(n), 376D, 506 of IPC and Ss. 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC & ST Act").

(3.) In brief, the prosecution case is that on 28/11/2021 husband of the prosecutrix Ankit gave information at Police Station Guna saying that on 10/10/2021 by running away from the house he and prosecutrix solemnized marriage in a temple. Thereafter, started residing just like husband and wife. On 27/11/2021 at 9.00 PM after taking dinner he and is wife prosecutrix slept. On the next day at about 7.00 AM when he had awaken his wife was found missing. He tried to contact her, but her mobile No.8819850485 was switched off. On his information guminsan No. 003/21 was recorded. She was rescued on 6/12/2021 and her statements were recorded on the same day. She lodged a written complainant before Superintendent of Police, Guna alleging that she belongs to Scheduled Caste category. During coaching she developed intimacy with Ankit Rajak. On 9/10/2021 Ankit telephoned her and told that Imran is waiting at Hanuman Chauraha on motorcycle and came there. She went there and sat on the motorcycle of Imran. Imran took her near Shahnai Garden, Hotel Silver Spoon where they have already taken a room. They removed her clothes and snatched her mobile and both of them committed sexual intercourse with her. They also threatened to kill her family members if she disclosed anything to anybody. Afterwards, they took her to Indore, Kota and Bhopal. During this period Ankit talked with his father Rakesh, present applicant. Afterwards on 17/10/2021 Ankit took her to Police Station where his father, uncle and other family members were also present. They told her to keep silence and sign on some papers. The SHO also pressurized her to sign the paper. She was not allowed to meet her family and was forced to go with Ankit's family. Ankit kept her in his house and he never allowed her to meet anyone. During this period he committed 8-10 times sexual intercourse with her. On 28/11/2021 she ran away from their house and reached the house of her uncle (foofa). On her complaint a case under the aforesaid offence was registered. She was sent for medical examination. The applicant-accused was arrested on 7/12/2021. After investigation, charge sheet has been filed.