RAMNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellant who is in custody since 28/8/2021 has filed this appeal under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "the SC/ ST Act") for grant of bail in connection with Crime No.33/2021 registered at Police Station Samri Path, District Balrampur Ramanujganj for the offence punishable under Ss. 376 and 450 IPC and Sec. 3 (2) (V) of the SC/ST Act.

(2.) Case of the prosecution in nutshell is that prosecutrix lodged written report alleging that on 23/8/2021 on the occasion of festival she had consumed liquor and while she was sleeping at that time accused/appellant came there and committed rape with her. Thereafter, the offence was registered under the aforesaid Sec. .

(3.) Learned counsel for the appellant submits that accused/appellant is innocent and has been falsely implicated in the case. He submits that there is enmity between the appellant and family of the prosecutrix with regard to land dispute and to take revenge she lodged a false report. He submits that even the villagers of the village held up a meeting in the village and prepared a Panchnama stating that dispute has arisen because of land dispute between the appellant and husband of the prosecutrix so false case has been registered. He submits that prosecutrix is aged about 37 years married lady and medical evidence also not supported the case of the prosecution. He further submits that there is inordinate delay in the lodging of FIR as the incident was occurred on 23/8/2021 but the report was lodged on 27/8/2022 therefore, considering all these aspects he may enlarged on bail.