ABDUL RAHMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As per the office report, notice of the respondent No.2 has been duly served.

(2.) This criminal appeal under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dtd. 8/9/2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur (hereinafter to be referred as 'the trial court') in Sessions Case No.62/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. The appellant has been arrested in FIR No.45/2019 of Police Station Mahamandir, Jodhpur for the offences punishable under Ss. 364, 376, 302 IPC and Sec. 3(2)(V) of the SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the police has falsely implicated the appellant in this case though no direct evidence against him is available on record. It is further submitted that the allegation levellled against the appellant is that he had sexually assaulted the victim and thereafter murdered her, however, the police has not recorded statement of any person, who witnessed the incident. Learned counsel has submitted that charge-sheet filed against the appellant is based on the evidence of one Raja Upadhayay, who has been examined before the trial court as PW-3. As per the prosecution story, the above-named witness has last seen the appellant in the company of the victim. It is also submitted that in the court statement, Raja Upadhayay (PW-3) has failed to identify the appellant. It is also submitted that the appellant is in custody since 24/1/2019 and the trial against him has not been completed till date. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Sec. 14-A(2) of SC/ST Act.