NARENDRA KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first criminal appeal filed by the appellant under Sec. under Sec. 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dtd. 4/2/2023 passed by Special Judge, Bhind, whereby application of the appellant under Sec. 439 of Cr.P.C. for grant of bail has been rejected.

(2.) Appellant is in custody since 13/12/2022 in connection with Crime No.218/2022 registered at Police Station- Malanpur, District- Bhind (M.P.) for the offence punishable under Ss. 376, 342, of IPC and Ss. 3(1)(w)(i), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC and ST Act").

(3.) In brief, case of the prosecution is that, on 17/10/2022 prosecutrix, a married lady, aged about 24 years, lodged a typed complaint at police Station, Malanpur, Distt. Bhind, alleging that she is resident of Virgaon, Mehgaon and at present she is residing at Bharat Market, police Station, Maharajpura, Distt. Gwalior. Today in the morning at about 7 am present applicant, who works in Teva Company as Security Guard, telephoned her and told that he will get his brother a job in the aforesaid company and asked her to come to Malanpur at 11 am. As she knows the applicant previously, at about 11 am she reached near Bhadauria Hotel, Malanpur. Applicant came there by motorcycle and asked her to sit on motorcycle, they will go to Hariram Ki Kuiya. She sat on the motorcycle. Applicant took her in a room of his friend, locked the door from inside and committed sexual intercourse with her. When she tried to scream, he shut her mouth. After some time, her brother-in-law Ramkishore came there and a scuffle took place between his brother-in-law and applicant and applicant fled away from there. She came back with her brother-in-law. On her complaint, crime No.218/2022 for the aforesaid offences was registered. She was sent for medical examination. No definite opinion regarding rape has been given in the report. Statements of the witnesses were recorded. Appellant was arrested on 13/12/2022. After investigation, charge-sheet has been filed.