SHISHUPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dtd. 8/1/2019 passed by the Special Judge, Prevention of Children from Sexual Offences Act Cases No. 1, Sri Ganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. Case No. 04/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 67/2017 of Police Station Ghamudwali, District Sri Ganganagar for the offences punishable under Ss. 363, 366 and 376-D IPC, Ss. 3/4, 5/6 and 16/17 of POCSO Act and Sec. 3(2)(5) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the prosecutrix eloped with the appellant on 15/5/2017 and remained with him up to 24/6/2017. It is submitted that the allegation of sexual assault against the appellant is false because the prosecutrix went with him as per her own free will. It is also submitted that on the day of incident, the prosecutrix had about to complete 18 years of age as she was only 10 to 15 days less than 18 years of age. It is also submitted that the charge-sheet has been filed and the trial of the case will take time.