SHOHEB Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the (first) criminal appeal filed by the appellant for grant of regular bail under Sec. 14(A)(2) of SC and ST Act relating to FIR No.391/2023 registered at P.S-Rajgarh, District- Dhar (M.P.) for the offence under Sec. 376, 376(2)(n), 294, 323, 506 of IPC and Sec. 3(2)(v) of SC and ST Act.

(2.) As per prosecution story, on 04/02/2021, at about 8.00 pm, the appellant first time met with the prosecutrix at her home and on the false pretext of marriage, he committed rape upon her against her will and repeated the same act on several times. When the prosecutrix used to talk with him for getting married, he used to avoid her. The prosecutrix was also verbally abused and assaulted by the appellant. Thereafter, she lodged FIR at police station - Rajgarh, District - Dhar. Accordingly, the aforementioned offence has been registered against the applicant.

(3.) Learned counsel for the appellant contended that appellant is innocent and has been falsely implicated in this offence. Investigation is over and charge-sheet has been filed. Prosecutrix is 26 years major and married lady. She herself in her statement under Sec. 164 of Cr.P.c categorically stated that she wants to live with the appellant and the appellant did not commit any wrong act with her. Applicant is in custody since 16/08/2023 and permanent resident of District-Dhar. Final conclusion of trial shall take sufficient long time. Hence he prays that the appellant be enlarged on bail.