VIJAY KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first appeal under Sec. 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the SC/ST Act") filed by the appellant assailing the order dtd. 4/2/2023 passed by Special Judge, SC & ST Act, Vidisha whereby the application under Sec. 439 of Cr.P.C. has been rejected.

(2.) The appellant is in judicial custody since 6/1/2023 in connection with Crime No.4/2023 for the offences punishable under Sec. 376, 456, 506 of IPC and Ss. 3(2)(v), 3(1)(w)(ii), 3(1)(va) of the SC/ST Act registered at Police Station Pathari District Vidisha.

(3.) The incident is of 20/12/2022 when the prosecutrix a married woman of SC/ST Community was allegedly raped at her home by the appellant herein. However, the FIR has belatedly been registered on 4/1/2022 on the grounds that the child of the prosecutrix was undergoing treatment. However, the case diary does not reflect any kind of documents pertaining to the treatment of her child between 30/12/2022 to 4/1/2023.