SUNIL KUMAR NAIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.09/2020 registered at Police Station Sodala, Jaipur (Rajasthan) for the offences under Sections 376 , 380 , 313 of IPC and Section 3(2)(V), 3(1)(W)(II) of SC/ST (Prevention of Atrocities) Act 1989.

(2.) It is contended by counsel for the appellant that the proxecutrix is about 40 years of age and is a married lady. As per the allegation made in the FIR, the accused-appellant committed rape in the year 2013 and thereafter, the prosecutrix lived with the accused-appellant. He further submits that from the allegation made in the FIR, it is clear that the prosecutrix was a consenting party so accused-appellant cannot be held liable for the offence under Section 376 IPC. The accused appellant is in judicial custody since 15.2.2020. Challan has already been presented in the Court and conclusion of trial may take long time.

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