GAFFAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel representing the appellant and learned Public Prosecutor. Perused the material available on record.

(2.) This appeal has been preferred on behalf of the appellant under Sec. 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved by the order dtd. 20/12/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Balotra in Cr.Misc. Case No. 341/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No. 594/2022 registered at Police Station Balotra, District Barmer (now District Balotra), for the offences under Ss. 450, 384, 376(1), 306 IPC and Ss. 3(1)(r)(s)(w)(ii) and 3(2)(v) of the SC/ST Act.

(3.) Learned Counsel for the appellant submitted that the appellant, who is aged about 23 years, has been falsely roped in a criminal case. Learned Counsel submitted that the prosecutrix filed a written report dtd. 20/12/2022 stating inter alia that it was some time in the afternoon of 16/12/2022, while she was alone in her house, the appellant came there and on the point of knife, committed sexual assault/rape with her and snapped her nude photographs. Prosecutrix disclosed the factum of rape to her husband Bhagga Ram. Bhagga Ram thereupon on 19/12/2022 committed suicide in their residential premises. She thus submitted a written report to SHO, Balotra asking him to lodge an FIR against the present appellant and investigate the matter.