NIKUNJ CHANDRAKANT ROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 2284 of 2019 before the court of learned 14th(Ad-hoc) Additional Sessions Judge and Special Judge,(Atrocity Cases), Vadodara u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide I - C.R. No. 85 of 2019 with Gotri Police Station for the offence punishable u/s 376(N), 354 (B), 386, 506(2) and 114 of the Indian Penal Code , Section 67(A) of the I.T. Act and u/s. 3(1) (W) (1), 3(2)(5-A), 3(2), 5 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein the learned 14th(Ad-hoc) Additional Sessions Judge and Sessions Judge,(Attrocity Cases), Vadodara rejected the said application on 05.09.2019. Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14A(2) of the Atrocities Act.

(2.) Heard learned advocate for the appellant and learned APP Ms. Monali Bhatt, for the respondent no.1- State and learned advocate for the respondent No.2.

(3.) Learned advocate for the appellant has submitted that the present appellant is wrongly involved in the offence. That, present appellant has never tried to shoot any photographs, or never tried to show the clips to the victim or the complainant nor the appellant ever blackmailed the victim. That, he had never used his mobile phone for the purpose of commission of this offence. That, the conduct of the victim is also very doubtful. That, the act narrated by the victim does not invite confidence, because the allegation of sexual assault is a willful one and not a forceful, because as per the complaint also the incident took place a year ago. More over there is no allegation against the present appellant of causing any sexual assault to the victim. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by the learned learned 14th(Ad-hoc) Additional Sessions Judge and Special Judge,(Attrocity Cases), Vadodara