RAMSING HARISING RAJPUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Section 14 (A) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act as well as under Section 439 of the Code of Criminal Procedure, 1973, the appellant-accused has prayed to release him on regular bail after submission of charge sheet in connection with an offence registered at C.R.No.I-12 of 2019 with Panthawada Police Station, Banaskantha for the offences punishable under Sections 376 and 506(2) of the Indian Penal Code as also under Sections 3(2) (v) and 3(2)(v)(a) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'Atrocities Act') as also under Sections 3 C, 4, 8 and 17 of the Prevention of Children from Sexual Offences Act (POCSO).

(2.) Heard learned advocate Mr. Tushar Chaudhary for the appellant. He submits that appellant is not named in the FIR, it has come to be filed after nearly 06 days of the actual offence committed. He also submits that all of sudden, after 13 days of the offence, name of the appellant is revealed in a third statement of the victim, that too, showing appellant had gone to her house for the purpose of settlement providing her the name and identity of the unknown person. He has further argued that if anyone is to be involved by such a device, it can be easily done. By drawing attention of the Court to the Medical certificate of the prosecutrix, learned advocate for the appellant submitted that though her age may be below 16 years, the offence if at all is committed, is with the consent of the prosecutrix. He has further argued that even there is no other supporting material on record, based on which, it can be successfully argued that as alleged offence is committed.

(3.) As against that, learned APP Ms. Jirga Jhaveri as also Mr. Dipen Chaudhari, learned advocate for the respondent No.2-original complainant submitted that since the prosecutrix is below the 16 years of age and offence as alleged is under Section 376 of the Indian Penal Code, the appellant-accused is liable for a minimum punishment of 20 years imprisonment, if offence is proved. At the same time, it is submitted that the statement of the victim under Section 164 of the Criminal Procedure Code is also recorded. It has been further argued that age of the prosecutrix is 15 years and 07 months therefore, even if it is presumed that, the incident has occurred with the consent of the prosecutrix, it is of no relevance.