BHAGWATI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dtd. 1/5/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh in Cr. Case No.80/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.197/2023 registered at Police Station Kotwali Nimbahera, District Chittorgarh, for offences under Ss. 376, 376(2)(N), 506 of IPC and Sec. 3(1)(w)(i)(ii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned counsel submitted that the appellant has been falsely implicated in the present case. The allegation against the appellant is that by snapping obscene photographs and recording obscene videos of the complainant, the appellant blackmailed her and committed sexual assault upon her. Learned counsel submitted that as per the FIR, the complainant was subjected to sexual assault about one year prior to the date of lodging of the FIR but no satisfactory explanation for delay has been furnished.

(3.) Learned counsel submitted that as a matter of fact, the appellant and the complainant were having consensual sexual relationship, however, on their relations turning strained, the appellant has been roped in a false criminal case. To strengthen aforesaid argument, attention of the Court was drawn towards various documents annexed by the investigating agency along with charge sheet dtd. 26/5/2023 submitted by it before competent criminal court after making thorough investigation in the FIR lodged by the complainant. The documents annexed with the charge sheet shows that the appellant and the complainant exchanged about 880 calls with each other in last one year and on more than 5 occasions, stayed together in various hotels. Learned counsel submitted that in view of above, the complainant was having ample opportunities to disclose the fact of she being subjected to sexual assault to her known persons or family members in last one year. Lastly, learned counsel submitted that from the perusal of the charge sheet, it further reveals that no obscene photograph or video as allegedly used by the appellant to blackmail the complainant have been recovered during investigation. It was submitted that challan has already been filed in the present case. On these grounds, learned counsel implored the court to accept the appeal filed by the appellant and enlarge him on bail. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the appeal.