RAMESHWAR LAL SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.331/2022, registered at Police Station Ladnun, District Nagaur, for the offences under Ss. 384, 323, 354 ka, ga, gha IPC and Sec. 7/8 of the POCSO Act, and Ss. 3(1)(w)(i), 3(2) (Va) of the SC and ST (Prevention of Atrocities) Act against the order dtd. 19/6/2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Nagaur whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the parties and perused the material available on record.

(3.) Learned counsel for the appellant submitted that appellant has been falsely implicated in the present case. Learned counsel submitted that there are serious contradictions in the statements of prosecutrix recorded under Sec. 161 and 164 Cr.P.C. Learned counsel submitted that the story narrated by the prosecutrix is not corroborated by the story narrated by his fiance - Amit recorded under Sec. 161 Cr.P.C. Learned counsel submitted that the prosecutrix and her fiance Amit were trespassing the property of one Nani Devi and only when they were caught and scolded by the present appellant, they have implicated the present appellant in a criminal case. It was submitted that false allegations have been foisted against him by the prosecutrix.