BRIJESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this third application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant in Crime No.60/2017 registered by Police Station Mada, District Singrauli under Sections 376 GH, 366 and 506 of the Indian Penal Code, Section 3 (2-5) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 5 Cha r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) His first application was dismissed on merits vide order dated 07.09.2017, passed in Criminal Appeal No.3121/2017 and second application was also dismissed as withdrawn vide order dated 17.01.2018, passed in Criminal Appeal No.5616/2017. Earlier the applicant had mistakenly filed Criminal Appeals; whereas, the applications were to be filed as M.Cr.C., as the applicant himself belongs to Scheduled Caste category.

(3.) The case of the prosecution is that, on 23.02.2017, when prosecutrix was returning to her village from the house of her Aunt (Mausi), where she had gone with her mother to attend marriage ceremony. On the way at Pulia, appellant and co- accused Kamlesh Yadav met her and on promise that they will leave her to her house, she sat on the motorcycle. Thereafter, they took her in forest and stopped their motorcycle; wherein, co-accused Kamlesh caught hold her, dragged her in the forest and committed rape upon her. She tried to shout, but he threatened to kill her. The applicant and co-accused Kamlesh by leaving her there, fled away from their motorcycle. Thereafter, she came to the house of her Aunt and after two days she came to her village and narrated the incident to her father and other members. Thereafter, on 01.03.2017 report was lodged against the applicant and co-accused person.