VIJAYBHAI PRABHUDAS RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Hardik Dave for the appellant, learned APP Mr.Dabhi for the respondent State and learned Advocate Mr.Bilal Kagzi for the First Informant.

(2.) This appeal is filed by the appellant, under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure, 1973, for being released on regular bail in connection with F.I.R. registered as C.R. No.Part-A 11214021210169 of 2021 on 8/3/2021 with Kosamba Police Station, District Surat (Rural), for the offences punishable under Ss. 302 , 323 , 504 , 114 and 342 of the Indian Penal Code, and Ss. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) Learned Advocate Mr.Dave for the appellant would take this Court through the allegations levelled in the FIR and would submit that the FIR itself narrates about a non-cognizable complaint given by the deceased, when he had been produced before the Police Station. Learned Advocate Mr.Dave would submit that the deceased had been produced before the Police Station in context of an allegation that the deceased had attempted to commit rape upon the 15-year old minor daughter of the present appellant and whereas during such time, the prosecutrix had shouted for help and whereas the present appellant, who had reached the site of the incident, had caught hold of the deceased and whereas the present appellant and other accused are alleged to have assaulted the deceased. Learned Advocate Mr.Dave would submit that even in the non-cognizable complaint the deceased had inter alia accepted that on the fateful day, he had gone to the agricultural field, where the incident had taken place, where a girl was staying and according to the deceased, he had raped the said girl/prosecutrix, even earlier also and whereas, according to the deceased, when he had gone to the room and he had tried to assault the prosecutrix, the prosecutrix had started shouting, whereupon, some unknown person had reached there and had assaulted the deceased.