ASHIKA KHAN @ MAMTA @ PRATIBHA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-3-72
HIGH COURT OF MADHYA PRADESH
Decided on March 31,2021

Ashika Khan @ Mamta @ Pratibha Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

VIRENDER SINGH,J. - (1.) This criminal appeal is filed under Section 14-A of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against order dated 21.08.2020 passed by Special Judge (Atrocities) Rewa in B.A.No.1072/2020; whereby, application under Section 439 of CrPC has been rejected. Crime No. Section Police Station Date of Arrest 1271/2019 363, 376(3), 109, 120-B of IPC; Section 3(2)(v) of the SC/ST Act and Section 3/4 of the POCSO Act. Rewa 29.11.2019
(2.) It is argued by the counsel for the appellant that in this case the prosecutrix was missing from her house since 24.11.2019. She was recovered on 26.11.2019. The police recorded her statement and also statement of her brother and father on 27.11.2019, wherein, no allegation against the petitioner has been made by them. On next day i.e. 28.11.2019, the police again recorded statement of the prosecutrix where she made allegation that on 24.11.2019, the petitioner had taken her to her house where she called co-accused Manoj Patel and Rohit Gautam. She offered her tea laced with some sedative. After having that tea she felt semi-conscious and in that state co-accused Rohit Gautam raped her. In the morning when she awoke, she came to know about the incident. When she complained regarding the same to the petitioner, she took it casually and said that nothing is serious. The prosecutrix got scared and in that state of mind she had gone with the petitioner at her home. She stayed there for two days. When she had gone for some work at ERS College, her uncle and aunt who were searching her, met her. She revealed the incident before them. They took her to the police station where she lodged the report.
(3.) She has reiterated the same story before the Courrt but neither before the police nor before the Court she has given any explanation regarding the statement made on a day prior i.e. 27.11.2019. Therefore, the improvised statement of the prosecutrix is doubtful.;


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