BANNU ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant and counsel for the complainant through video conferencing. Learned Public Prosecutor is present in Court.

(2.) The present criminal appeal under Section 14(A) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.289/2019 registered at Police Station Todaraisingh for the offences under Section 306 , 376(2)(N) IPC and Section 3 (1)(W)(i), 3 (2)(V) of SC/ST (Prevention of Atrocities) Act.

(3.) Counsel for the appellant submits that initially FIR was lodged against Rajak, Kallu and Gokul but the police after investigation, these persons were not guilty for the offence alleged in the FIR, but the police filed charge-sheet against the accused- appellant for the offences under Sections 306 376(2)(N) IPC and 3(1) SC/ ST Act . It is submitted that no evidence was collected during investigation for connecting the accused-appellant for the offences under Sections 306 and 376 IPC. He submits that the deceased used to work with the appellant at Mines and there was friendship between the accused-petitioner and the deceased. Except this fact, there is no evidence to the effect that the accused-appellant instigated the deceased for committing suicide or committed rape upon the deceased. The accused-appellant is in judicial custody since 15.7.2019. Completion of trial is likely to take time, therefore, he implored to accept the bail application during pendency of appeal.