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2022 Supreme(MP) 1640

DEEPAK KUMAR AGARWAL
Prashant Namdev @ Sahil – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Ankur Maheshwari, Advocate, G.P.Chaurasia, Advocate
Final Result : Allowed

JUDGMENT

Deepak Kumar agarwal, J. - The appellant has filed this appeal under Section 14-a of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 against the order dated 22/01/2022 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

Appellant has been arrested on 15/01/2021 by Police Station Kolaras, District Shivpuri in connection with Crime No.557/2021 registered in relation to the offences punishable under Sections 376-D, 376(2)(n) and 506 of IPC a n d Sec. 3(w)(ii), 3(2)(5), 3(2)(5-a) and 3(1)(w)(I) of SC/ST act and Sec.66(E) of IT act.

As per the prosecution case, on 19.12.2021 prosecutrix aged about 19 years has lodged a report at Police Station Kolaras, District Shivpuri against the present appellant and co-accused-Prashant Namdev alleging that about 01 years ago from the date of incident she used to talk with co-accused Prashant Namdev, who was her neighbour. One day, co-accused Prashant Namdev called her for meeting and committed sexual intercourse with her and prepared a video. Thereafter, co-accused-Prashant Namdev blackmailed the prosecutrix stating that he has her video and she will have

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