MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present first appeal u/S.14(?)(2) of SC/ST (Prevention of Atrocities) Act assails the order dtd. 7/5/2022 passed by Special Judge (POCSO Act), Distt. Guna whereby application preferred by the appellant herein u/S.439 Cr.P.C. has been rejected.

(2.) The appellant has been arrested on 04/05/2022 by Police Station Cantt. Guna, in connection with Crime No.112/2022 registered in relation to the offences punishable u/Ss.354 of IPC and Sec. 7/8 of POCSO Act and Sec. 3(1)(w)(i), 3(2)(va) of SC/ST Act.

(3.) As per prosecutor story, on 12/02/2022, the prosecutrix alongwith her mother namely Kantibai lodged a report at Police Station Cantt. District, Guna to the effect that on 10/02/2022 at about 10:15 p.m. when she went outside to answer the call of nature, at that time, present appellant/accused came and caught hold her with bad intention. When the prosecutrix screamed for help, at that time, her parent arrived at the spot of incident. The accused, on seeing the parent of the prosecutrix, fled away from the spot.