NIHAL HASAN NIZAMUDDIN RANGSHAAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for bail in connection with the FIR being I - C.R.No.3/2019 registered with Amletha Police Station, District: Narmada for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code, Section 3(1)(w)(i), 3(2)(v) and 3(2)(v-a) of the Atrocity Act and Sections 4, 6, 12, 16 and 17 of the Protection of Children from Sexual Offences Act (hereinafter be referred to as "the POCSO Act").

(2.) In pursuant to the aforesaid FIR, the accused has been arrested on 12.01.2019 and after necessary investigation the charge-sheet has been filed.

(3.) According to the complainant, the allegation against the present appellant is that on 09.01.2019, he has forcefully taken the custody of the minor sister of the complainant and entered sexual intercourse with the prosecutrix. It is contended that he has been arrested and on 08.03.2019, a final report in the form of charge- sheet has been filed by the prosecutrix. According to the appellant, he is innocent and no prima facie case is made out against him and none of the ingredients of the alleged offence are made out against him. It is contended that the prosecutrix has narrated before the investigating officer that she has eloped with the appellant by her own will and consent and she has love affair with the appellant. It is contended that no injury is found on the body of the prosecutrix and prosecution story is unbelievable and he has been falsely implicated in the alleged offence.