ASHISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) . The instant appeal has been filed under Sec. 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 102/2022 registered at Police Station Devgarh, Rajsamand for the offences under Ss. 354(A), 376/511 IPC and Ss. 3(1)(w)(i), 3(2) (Va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 1/6/2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Rajsamand, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Learned counsel for the appellant submits that false allegation of attempt to rape has been levelled against the appellant. The statement of complainant recorded under Sec. 164 Cr.P.C. does not constitute offence under Sec. 376/511 IPC. Learned counsel for the appellant submits that the appellant is innocent and hence, he prays that the appeal filed by the appellant deserves to be allowed.

(3.) On the contrary, learned counsel for the complainant as well as learned Public Prosecutor have opposed the appeal.