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Judgment
Gajendra Singh, J
This is first criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities Act, 1989 is preferred being aggrieved by order dated 09.12.2025 in BA No.1480/2025 by the Special Judge, SC/ST (POA) Act, 1989, Ujjain whereby the application filed under section 483 of the B.N.S.S., 2023 by the appellant who was apprehended on 13.10.2025 in connection with Crime No.496/2025 registered at P.S: Nanakheda under Sections 69, 351(3) of the BNS, 2023 and sections 3(1)(w)(i) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 has been rejected.
Facts of the case in brief are that appellant/accused establishes physical relation on the promise of marriage and thereafter, denied for marriage. Prosecutrix belongs to the SC community and appellant does not belongs to SC/ST community.
This appeal has been preferred on the ground that prosecutrix is a major lady of 20 years and appellant has not forced the prosecutrix in any manner. Appellant has not made physical relation against the will and consent of the prosecutrix.
4 Counsel for the State opposed the prayer.
The proceedings reveals that prosecutrix (PW-1) appeared for the evidence on 30.01.2026 before the trial court and the examination-in-chief was recorded but she was not cross examined referring the reason that appellant has changed the counsel. Till now the cross examination has not been conducted. In such circumstances, appeal is dismissed at present.