JUDGMENT :

Vinay Joshi, J.

Considering the controversy involved in the matter, and by consent of the learned Counsel appearing for the respective parties, the Appeal is taken up for final disposal at the stage of admission.

Admit.

2. This appeal once again occasioned us to delve upon the issue to decide on facts and circumstances of the case, whether it is a case of mere breach of promise, or a case of false promise made since inception for obtaining consent for sex. We are undertaking said exercise to the limited extent to find out whether a prima facie case is made out to frame the charge.

3. The appellant/accused aged 24 years was involved in a Crime No.134/2021 for the offence punishable under Sections 376, 376[2][N] of the Indian Penal Code, and Sections 3[1][w][i], 3[2] [5] of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (hereinafter referred to as “the Atrocities Act” for short). Respondent no.2 victim aged 21 years has lodged a report against the accused for the aforesaid offences on 03.04.2021 with the Sadar Police Station, Nagpur. On the basis of said report, the police registered the aforesaid crime. Investigation was carried by the police cu