SAHIL BHARATBHAI SHRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These respective Appeals are filed by the respective appellants - accused, who are real brothers under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'the Act') praying for an order of anticipatory bail in connection with FIR being C.R. No. 11196038210155 of 2021 for the alleged offence punishable under Sec. 363 of the Indian Penal Code.

(2.) Pursuant to the investigation, as initially the offence was registered under Sec. 363 of the Indian Penal Code against unknown persons, the victim, who was aged about 15 years 2 1/2 months at the time of the incident, could be traced and pursuant to her statement recorded a report dtd. 29/3/2021 addressed to the Special Court, Vadodara City by P.I, Varasia Police Station was made requesting to add Ss. 366, 506(2), 354 D, 376(3) and 114 of the Indian Penal Code as also Ss. 4 , 11 , 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POSCO Act') over and above Ss. 3(ii)(v) , 3(ii) (v-a) as also under Sec. 3(i)(w)(i) and (ii) of 'the Act'.

(3.) The names of the present respective appellants were revealed pursuant to the statement of the victim. According to the statement of the victim she had some relation with one co-accused named Rohan Shinde, who happens to be the maternal cousin of the respective appellants. The said co- accused is arrested pursuant to an offence registered and investigation progressed and he is in custody so far.