RAJESH @ RAJU ARJANBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed under Section 14(A) 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.10/2018 registered with Paliyad Police Station, District: Botad for the offences punishable under Sections 376 , 506(2) of the Indian Penal Code, Section 3(2)(v) , 3(1) (w) of the Atrocity Act and Sections 4 , 8 and 12 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 28.03.2018 and after necessary investigation the charge-sheet has been filed.

(3.) The short facts of the prosecution case are that the victim was 16 years of age on the day of occurrence and the accused has committed rape on her due to which she got pregnant. That victim was belonging to the schedule caste. That her mother has lodged the FIR after six months of the incident and has stated that as her daughter was threatened by the accused, she could not be narrated anything her parents and as she was found to be pregnant, ultimately, she has narrated the entire story.