RAVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 184/2022 Police Station Sadar District Alwar, for the offences under Ss. 376D and 342 of IPC and Ss. 5/6 of POCSO Act and Sec. 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act.

(2.) It is submitted by learned counsel for the appellant that appellant has been falsely implicated in the matter. The present complaint was filed by complainant-husband stating that his wife was physically assaulted by appellant. Learned counsel has submitted that the informant/complainant-husband has turned hostile which is evident from statements of PW5. Learned counsel further submitted that neither is the victim in question turning up for recording of court statements, nor could she be located at her maternal place. Learned counsel has also relied upon the medical report dtd. 26/2/2022 and submitted that there were no signs of any injury. Learned counsel further submitted that as the complainant-husband and victim-wife were married, the victim in question cannot be a minor.

(3.) Per contra, learned Public Prosecutor has opposed the appeal. Learned Public Prosecutor has relied upon the statements recorded under Sec. 164 of Cr.P.C.