ORDER

Rafiq, C.J. -- 1. This matter has been referred to the Division Bench in view of difference of opinion expressed by two Single Benches of this Court in Mohd. Juned v. State of M.P. reported in 2016(1) MPJR 108 and in Smt. Sunita Gandharva v. State of M.P. and another in MCRC No. 22615/2020.

2. The present matter in which the order of reference has been made, has been filed as a Criminal Appeal under section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Atrocities Act”) against the order dated 23.7.2020 passed by Special Judge, Atrocities Act, Seoni in SC ATR No.08/2020. In fact, earlier appeal filed by appellant viz. Criminal Appeal No.10267/2019, was dismissed as withdrawn vide order dated 10.12.2019 with liberty to him to file afresh appeal after recording of the statement of the prosecutrix.

3. The facts of the case in brief are that the police station Keolari, District Seoni registered Crime No.314/2019 against the accused/appellant for offence punishable under sections 363, 366, 376(2)(n), 376(3) of IPC, section 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”) and se