LAWS(MPH)-2023-1-48

RAJESH Vs. STATE OF MADHYA PRADESH

Decided On January 16, 2023
RAJESH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The appellant has preferred this (FIRST) criminal appeal under Sec. 14 (A) (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (as amended by Act of 2015) read with Sec. 439 of the Code of Criminal Procedure, 1973, feeling aggrieved by order dtd. 2/12/2022 passed by learned Special Judge [under SC & ST (POA) Act, 1989], West Nimar Mandleshwar (MP) in Special ST / Bail Application No.341/2022, whereby the prayer for grant of regular bail has been declined.

(2.) Appellant has been arrested on 21/11/2022 in connection with Crime No.249/2022 registered at Police Station Karahi, District Khargone (MP) for offence punishable under Ss. 376, 376 (2) (n), 344, 506 and 368 of Indian Penal Code, 1860, under Sec. 25 of the Arms Act, 1959 and also under Ss. 3 (2) (v) and 3 (2) (w) (i) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(3.) The allegation against the appellant is that of abduction and rape on the prosecutrix, aged 30 years.