MOHD. ISRAR ALIAS KALLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal is preferred under Sec. 14A of the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, 1989 (hereinafter referred to as SC/ST Act) arising out of F.I.R. No. 55/2022 for offences under Sec. 115, 342, 343, 364, 302, 201, 120B, 37 of I.P.C. and under Sec. 3(2)(v), 3(2)(va) of the SC/ST Act.

(2.) In a nutshell the background of the matter in hand is that an F.I.R. bearing number 55/2022 was registered by the complainantrespondent no. 2 at Police Station Alwar Gate, Ajmer on 7/2/2022 for offence under Sec. 365 of I.P.C. (Annexure-1). Resultant to which, after concluding the investigation the police authorities submitted a charge-sheet against seven accused persons, including the appellant.

(3.) Learned Counsel representing the appellant had averred that the appellant is incarcerated from a prolonged time (approximately 38 months); is a young man and is the sole bread-earner of the family. Moreover, the instant appeal is preferred under the light of the provisions of the fundamental and the constitutional guarantees as enshrined under Article(s) 21 and 39A of the Constitution of India. It was further submitted that the material witnesses i.e. PW-1 to PW-2 are duly examined however, thirty-two witnesses are yet to be examined. Hence, it can be inferred that the trial shall take a long time to culminate.