MAYA Vs. STATE OF M P AND ANOTHER

JUDGEMENT

(1.) The applicant has challenged the order dated 19.7.2012 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as "the Special Act"), Chhindwara in Special Case No.34/12, whereby the charges of the offences punishable under Section 346, 506 part-II, 384, 294 of IPC and in alternate, the offence punishable under Section 3(1)(x) of the Special Act were framed against the applicant.

(2.) The prosecution's case, in short is that, on 27.2.2002 at about 10:00 a.m. in the morning, the prosecutrix was cooking in her house situated at Lingpani District Chhindwara, the accused Dashrath came in her house and committed rape upon her. In the meantime, her husband came back and therefore, the accused Dashrath ran away from the spot. The prosecutrix told the entire story to the witness Jagannath, Anand and other persons, who came after hearing hue and cry done by the prosecutrix. Thereafter, the prosecutrix and her husband were going to Amarwada to lodge an FIR then, in between Lingpani and Amarwada, the accused persons namely Tikaram and Asharam held the prosecutrix and took her on the motorcycle. They took her to the township of Amarwada and she was confined in a room of the house of one Sharan Seth. The applicant Maya was residing in that portion and the prosecutrix was confined in the custody of the applicant. They threatened the prosecutrix. The prosecutrix was kept for six months. Thereafter, she was released after getting her thumb impression appended upon some blank papers. She was informed that a matter under Section 125 of Cr.P.C. was also lodged against her husband without her knowledge. After her release, she went to the Police Station, Amarwada but S.H.O. K.K. Tiwari did not write her report and threatened her that if she does not go from the police station then, she would be confined by lodging a false case against her. Thereafter, the prosecutrix had lodged a criminal complaint before the A.C.J.M. Amarwada, which was registered and case was committed to the Special Court.

(3.) I have heard the learned counsel for the parties.