JUGAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeals under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been filed by the appellants against the orders dtd. 16/5/2023 and 7/8/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jaisalmer in Cr. Misc. Case Nos.172/2023 and 336/2023, whereby the bail applications filed by the appellants, who have been arrested in connection with FIR No.15/2023 registered at Police Station Ramdeora, District Jaisalmer, for offences under Sec. 376, 376(2)(N) of IPC and Sec. 3(1)(w)(i), 3(2)(v)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel submitted that the appellants have been falsely implicated in a criminal case. Learned counsel submitted that the prosecutrix is in a habit of lodging FIRs by levelling false allegations with a view to extort money. It was submitted that on 15/4/2023, prosecutrix lodged an FIR against appellants at PS Ramdeora, District Jaisalmer bearing FIR No.15/2023 for the offences under Ss. 366, 323, 384, 344, 376/511 of IPC and under Sec. 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in which a compromise was arrived at between the appellants and prosecutrix. Learned counsel further submitted that the FIRs of similar nature were lodged by the prosecutrix being FIR No.81/2021 and FIR No.09/2022 wherein also, similar allegations were levelled by her against few other persons.

(3.) Learned counsel submitted that the conduct of the prosecutrix in lodging FIRs with similar allegations against various persons is indicative of the fact that she misusing the process of law. Learned counsel submitted that the present FIR has been lodged with false allegations that the appellant (Jugat Singh) sold a tractor No.HR.20K.7850 to the appellant (Heera Lal) for a consideration of Rs.2,50,000.00. Learned counsel submitted that the appellant (Heera Lal) is husband of the prosecutrix and after aforementioned transaction between appellants (Heera Lal and Jugat Lal), certain disputes arose between the spouses and owing to the same on next day i.e. 2/3/2022 the present FIR has been lodged with bundle of false facts; challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellants. Per contra, learned Public Prosecutor opposed the appeal.