DURGESH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of same Bail Application No. 441 of 2020 and Crime No. 399 of 2020, they are heard analogously and are being disposed of by this common judgment.

(2.) Both these appeals have been preferred under Section 14(A) (ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against impugned order dated 6-7-2020 (Annexure P/1) passed by learned Special Judge, SC and ST (PA) Act 1989 in Bail Application No. 441 of 2020, whereby the Special Judge has rejected bail applications of the appellants preferred under Section 439 of Cr.P.C. which relat to Crime No. 399 of 2020, registered at Police Chowki Jutmil, Police Station City Kotwali, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 366, 376, 376--D of IPC and Section 3 (1) (w) (1)(3)(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) According to the case of the prosecution, the victim who happens to be a member of Scheduled Caste was in talking terms with main juvenile conflict with law namely minor "V" (delinquent child aged around 17 years) and on 29-5-2020, the main accused told the victim to meet him and at round 1 a.m, in the night when the victim came out of her house, the main delinquent on the pretext of roaming around on the motor-cycle, took the victim in the jungle of village Kacchar where both the victim and main delinquent stayed in a hut in the jungle from 30-5-2020 till 10-6-2020 and main delinquent made forcible sexual relationship with the prosecutrix/victim. Thereafter, parents of the prosecutrix/victim lodged a missing report in the Police Station and on the basis of that report, during investigation the prosecutrix/victim was recovered from the custody of the main delinquent on 2-6-2020 and thereafter on 4-6-2020 the prosecutrix/victim filed a written report in the Police Chowki stating the aforesaid facts against the main delinquent and on the basis of said report, FIR under Section 376 of IPC has been lodged against the main delinquent. Thereafter, on 19-6-2020 when the statement of the prosecutrix/victim was recorded under Section 164 of Cr.P.C., before the Judicial Magistrate, First Class-I, Raigarh, prosecutrix/victim named the present appellants and main delinquent stating that they together forcibly committed sexual intercourse with her. On the basis of report lodged by the prosecutrix, the present appellants have been arrested on 29-6-2020. thereafter, the appellants filed applications under Section 439 of Cr.P.C., before the learned Special Judge, SC and ST (PA) Act, 1989 Raigarh (CG) and the said applications have been rejected by the learned Special Judge vide impugned order dated 6-7-2020. Hence, these appeals.