MARSHALL AMUBHAI VADARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an Appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act") by the appellant - original accused challenges the order passed by the learned 6th (Ad-hoc) Additional Sessions Judge, Keshod dated 10.05.2019 in Criminal Misc. Application No.172 of 2019 refusing the bail to the appellant herein in connection with FIR being C.R.No. I 35 of 2019 registered with Keshod Police Station for alleged offences punishable under Sections 376 and 506 (2) of the Indian Penal Code as also under Sections 3 (i) (w) (i) (ii) and 3 (2) (v) and 3 (2) (va) of the Atrocities Act.

(2.) Pursuant to the admission of appeal, notice was issued to the respondent no.2 herein original first informant. She has appeared through Mr.Kirtidev Dave, learned advocate.

(3.) Heard learned advocates for the parties. Ms.R.V. Acharya, learned advocate for the appellant submitted that no offence as alleged under Section 376 of the Indian Penal Code or any offence under the Atrocities Act can be said to have been committed by the appellant as the age of the prosecutrix was 19 years at the time of filing an FIR whereas period alleged against the petitioner is anterior, one and half year to the same. However, since she has reached the age of discretion and the alleged offence committed with the consent of the victim, he cannot be said to have committed any offence. She has further submitted that though it is claimed in FIR that she became pregnant at the instance of the appellant which is, prima facie, disproved by DNA report and therefore, appellant is required to be released on bail.