SUNIL KUMAR SINHA, J.

( 1 ) THIS is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 21/2006, registered at Police Station-Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District-Rajnandgaon (C. G.) for the offence punishable under Section 376 of the IPC and section 3 (1) (xii) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities)Act, 1989 (hereinafter referred to as the Special Act.

( 2 ) THE case of the prosecution is that on 15. 12. 2006, the prosecutrix lodged a report in the concerned Police Station that since 4 years to the said date, she was subjected to sexual intercourse by this applicant. It also comes in the First Information Report that she was taken by this applicant to Nagpur and they were residing as husband and wife since last 4 years, but ultimately, when she offered for a regular marriage, this applicant refused to marry her.

( 3 ) LEARNED counsel for the applicant submits that admittedly, according to the prosecution itself, the girl was aged about 21 years on the date of FJR, as in her trans

Click Here to Read the rest of this document