DILIP KUSHWAHA Vs. STATE OF M P

JUDGEMENT

(1.) Present petition has been preferred seeking quashment of FIR dated 26.4.2009 registered at Crime No. 12/2009 at Police Station AJJAK, District Sidhi under section 376 IPC read with section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to prosecution on 26.4.2009 prosecutrix, aged about 15 years, lodged a report at police station AJJAK, District Sidhi that since October, 2008 till date, petitioner is indulged in sexual relations under promise of marriage with her, has resulted in pregnancy of 7 months. When fact of such an advanced pregnancy was told to the petitioner, not only he refused to marry the prosecutrix but also misbehaved and abused herself and family members.

(3.) Present petition has been preferred on the grounds that the prosecutrix herself was not sure of the fact whether petitioner has committed rape or not that is why at one point of time she lodged report against the petitioner and in next breath she made accusation against some other person to be responsible for her pregnancy. During investigation, date of birth of prosecutrix was found to be