LALA @ LALCHAND RAWAT Vs. STATE OF RAJASTHAN

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. 5/12/2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Chittorgarh (Raj.) in Cr. Misc. Case No. 203/2023, (CIS No. 678/2023), whereby the second bail application filed by the appellant, who has been arrested in connection with FIR No. 46/2023 registered at Police Station Dungla, District Chittorgarh, for offences under Sec. 376 of IPC and Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

(2.) Learned Counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned Counsel submitted that as per prosecution on 21/3/2023 the prosecutrix was subjected to sexual assault-rape by the present petitioner in a vehicle (Maruti Van) when she was returning back to her village Sureda at about 8.00 PM after having admitted her grandson in a hospital.

(3.) Learned Counsel submitted that the petitioner has been falsely roped in a criminal case by the prosecutrix owing to some property disputes going on between the parties. Drawing attention of the Court towards the statements of the prosecutrix recorded before the competent Criminal Court as PW-2, learned Counsel submitted that as per prosecutrix prior to committing rape, the petitioner had hit on her chest and had also beaten her. It was urged that it is highly improbable that if a mature lady is subjected to sexual assault in a vehicle (Maruti Van) and she is also beaten before the incident, still she would not receive any injuries. Learned Counsel submitted that the statements of the Medical Officer Dr. Kiran have been recorded before the competent Criminal Court as PW-1, wherein she has deposed that during medical examination of the prosecutrix no visible injuries were found on her body.