(Pronounced on 22/04/2021)

Per: Mohammad 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 vs. State of M.P. reported in 2016(1) MPJR 108 and in Smt. Sunita

Gandharva vs. 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 23.07.2020 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

[3]

withdrawn vide order dated 10.12.2019 with liberty to him to file afresh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,