SALEEM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Notice has been served on the prosecutrix.

(2.) This (first) criminal appeal u/S. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by appellant against the order dtd. 5/9/2022 passed by Special Judge, SC/ST Act Dewas in Bail Application no. 634/2022. The appellant is in Jail since 26/5/2022 in connection with Crime No. 378/2022 registered at P.S. Bank Note Press District Dewas (M.P.) for commission of offence punishable under Sec. 376, 376(2)(N), 323, 506, 109, 120-B of IPC and Sec. 3(2)(V) 3(1)(W)(i) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) As per prosecution story, prosecutrix was married with the co-accused Mahendra in the year 2007. In the year 2016 she lived with her husband in a rented house and they started labour work in applicant's agricultural field. In the year 2016 when prosecutrix was alone working in the field at that time appellant with co- accused came there and committed rape upon her. After that the appellant repeatedly committed same act several times. Her husband also helped the appellant in the aforesaid crime due to which she remained living separately from her husband and lodged the FIR. Accordingly offence has been registered against the present appellant.