PAPPU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.92/2022 registered at Police Station Nagana, District Barmer for the offences under Ss. 451, 354, 323, 363, 366 and 376(2)(n) and Sec. 3(1) (B) (ii), 3(2)(v) of SC/ST Act.

(2.) Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the material available on record. Drawing attention of the Court towards the statements of prosecutrix recorded before the competent criminal court on 21/6/2023 as P.W.1, learned counsel for the appellant submitted that the prosecutrix in her Court 's statements has not supported the prosecution story. Learned counsel submitted that in view of the fact that the prosecutrix has not supported the prosecution story as alleged against the appellant in FIR and turned hostile, the chances of appellant being convicted in the present case are very bleak. Learned counsel submitted that the appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel prayed that benefit of bail may be extended to the appellant.

(3.) Per contra, learned Public Prosecutor has vehemently opposed the appeal, however, he was not in a position to refute the fact that the prosecutrix has not supported the prosecution story in her Court 's statements dtd. 21/6/2023.