AMAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Despite service to the prosecutrix, none appeared on her behalf.

(2.) This criminal appeal filed by the appellant under Sec. -14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brief "the Act") against the order dtd. 21/4/2023 passed by Special Judge (SC/ST Prevention of Atrocities Act) Shivpuri (M.P.) whereby, the application of appellant preferred under Sec. 439 of Cr.P.C. has been rejected.

(3.) The appellant has been arrested on 17/3/2023 in connection with Crime No.46/2023 registered at Police Station- Satanwada District- Shivpuri (M.P.) in relation to the offence punishable under secs. 376, 342, 506 of IPC and secs. 3(1)(W)(ii), 3(2)(V), 3(2)(V-A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In brief, facts of the case are that on 10/3/2023 at about 11 AM, prosecutrix had gone to celebrate Bhai-Dooj in her neighbour Vimla's House where prosecutrix was alone in the house. Thereafter, present appellant accused entered in the house and seeing the prosecutrix alone in the house, he pulled her in the tapariya of Vimla's house and then closed the door. Thereafter, present appellant committed sexual intercourse forcefully and also threatened her with dire consequences if she tells the story to anyone. Prosecutrix anyhow manage to reach her house and narrated the story to her husband, but could not lodge the report. After six days, aforesaid report was lodged. Prosecutrix was sent for medical examiantion. During examination, nothing adverse was found. Applicant was arrested on 17/3/2023.