HOSIM MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Section 14(A) of the Scheduled Castes & Scheduled Tribe (Prevention of Atrocities) Act , 1989 has been filed in connection with FIR No.509/2019 registered at Police Station Atru, District Baran for the offences under Section 376(3) of Indian Penal Code, Section 3/4 of Prevention of Children From Sexual Offences Act and section 3(2)(V) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act , 1989. During the course of investigation, the accused appellant was arrested. Thereafter, he moved bail application before the trial court, who vide impugned order dated 07.03.2020 dismissed the same. Hence this appeal has been filed on behalf of the appellant.

(2.) Learned counsel for the appellant (through video conference) submits that the prosecutrix in her statement u/s 164 Cr.P.C. deposed that she did not know who had committed rape with her. He further submits that the appellant is in judicial lock-up since long and the conclusion of the trial will take long time, therefore the accused appellant should be released on bail.

(3.) Learned Public Prosecutor has opposed the appeal.