MOHAMMAD RASID Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal appeal under Section 14(A) of the Prevention of Atrocities Amendment Act, 2015 has been preferred by the appellant in the form of regular bail in connection with the FIR being C.R.No.I-231 of 2018 registered with Kapodra Police Station, Dist. Surat for the offences punishable under Sections 366, 376(2)(n) of Indian Penal Code, and Sections 3(1)(w)(1)(2), 3(2)(5) and 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(2.) Heard Mr.Kishan Daiya, learned counsel for the appellant and Mrs.Krina Calla, learned APP for the respondent State. The victim is presently residing at Asansol, Tal: Kaliphadi, Dist. Vardhman (West Bengal) as per the police report and she is not not ready to come at Surat.

(3.) It is the submission of learned counsel for the appellant that the appellant is innocent and has been falsely implicated in the alleged crime; that the appellant is in jail since 17.10.2018 and trial will not likely to be proceeded further; that the allegations alleged in the FIR do not establish the offence of rape; that there was consent on the part of the victim for the marriage and accordingly the marriage was performed, thereafter both were decided together as a husband wife. Under such circumstances, the appeal may be allowed and the appellant accused may be grant the benefit of regular bail.