LAWS(RAJ)-2023-7-82

JAKAR KHAN Vs. STATE OF RAJASTHAN

Decided On July 19, 2023
Jakar Khan Appellant
V/S
STATE OF RAJASTHAN Respondents

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. 21/5/2022 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner in Cr. Case No.934/2022, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.34/2022 registered at Police Station Chhattargarh, District Bikaner, for offences under Ss. 376(2)(J)(L), 506, 450 IPC, 3(1)(s), 3(1) (W)(i), 3(2)(v), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) As per prosecution case, on 8/3/2022, the complainant lodged an FIR No. 34/2022 at P.S. Chattargarh, District Bikaner with the allegation that the petitioner sexually assaulted and raped her daughter. The prosecutrix who is a mentally and physically challenged person was 4-5 months pregnant at the time of the lodging of FIR. On being asked by her mother, the prosecutrix with the help of sign language, divulged that the petitioner repeatedly sexually assaulted and threatened her, about 6 months prior to the lodging of FIR.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and is languishing in judicial custody since 10/3/2022.