DEVIPOOJAK MUKESHKUMAR KANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Appeal under Sec. 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant - accused has prayed for setting aside the impugned order passed by the learned 7th Additional Sessions Judge and Special Judge (POCSO), Mehsana in Criminal Misc. Application No.628 of 2021 and as a consequence thereof prayed for released on regular bail in connection with FIR being C.R.No.I-99 of 2018 registered with Kheralu Police Station, District-Mehsana for the punishable under Ss. 363, 366 and 376(2)(n) of the Indian Penal Code, Ss. 4, 5(1), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The background of case is that the father of the victim, who is the original complainant, has alleged that the daughter, aged about 14 years, as mentioned in the FIR, was induced by the present appellant and thereby, committed an offence. It is asserted in the complaint that while respondent No.2 whose family was sleeping in the house around 10.00 PM in the night, respondent No.2 and his wife had gone in the field of Chaudhary Narsinhbhai for cultivating the land leaving behind his son and the victim in the house and at around 5.00 AM in the morning, when respondent No.2 and his wife returned back to their house, complainant's daughter was found missing and upon on inquiry from the adjoining field, it was revealed that his daughter, aged about 14 years, has left home in the company of present appe llant, who used to come for agriculture labour work in the field of Chaudhary Jayantibhai Bhimrajbhai and upon further inquiry, it was also revealed that present appellant has also vacated the house without informing anyone even in his family as well and as a result of which, a complaint came to be lodged before Kheralu Police Station, District-Mehsana being C.R.No.I-99 of 2018 for the offences punishable under Ss. 363, 366 and 376(2)(n) of the Indian Penal Code, Ss. 4, 5(1), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In this connection, pursuant to the appellant's arrest, a regular bail application was preferred but having not considered on previous occasion Criminal Appeal No.477 of 2021 was filed before this Court, which also came to be withdrawn on 22/04/2021, at that stage, with a liberty since charge-sheet was not filed.

(3.) The appellant has stated that after filing of the charge-sheet, for the purpose of seeking regular bail, an application being Criminal Misc. Application No.628 of 2021 was filed, which came to be rejected vide order dtd. 07/06/2021. The appellant as such is constrained to approach this Court by way of present Criminal Appeal under Sec. 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On 01/07/2021, the co-ordinate Bench of this Court was pleased to issue notice after admission of Criminal Appeal and later on after adjourning from time to time, it has came up for consideration before this Court on 09/08/2021, the Court heard the learned advocates appearing for the respective parties at length and kept the matter for orders on 23/08/2021. With this background, the present Criminal Appeal is being dealt with by the Court.