SURJEET SINGH 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. 7/1/2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. Case No. 05/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 196/2018 of Police Station Sri Karanpur, District Sri Ganganagar for the offences punishable under Sec. 376(2)(K)(n) IPC and Sec. 3(2)(V)(5) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the prosecutrix is 38 years of major lady and developed relations with the appellant as per her own freewill. It is submitted that though, the appellant also wanted to marry the prosecutrix but due to some unavoidable circumstances, the marriage between them could not be solemnized then the prosecutrix lodged false FIR against the appellant levelling the allegation of sexual assault after two years of the incident. Learned counsel for the appellant has submitted that the relations between the appellant and the prosecutrix were consensual. It is also submitted that the charge- sheet has already been filed.