RAMESH KUMAR SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 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 dated 3.12.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner (hereinafter to be referred as 'Trial Court') in Criminal Misc. Bail No. 1794/2019, whereby the Trial Court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 340/2019 of Police Station Nayashahar, District Bikaner for the offence punishable under Section 3(2)(V) of SC/ST Act.

(3.) Learned Counsel for the appellant has submitted that the allegation levelled against the appellant by the prosecutrix of sexual assault while making false promise to marry her is absolutely false. It is submitted that the prosecutrix is major and was in consensual relationship with the appellant. It is submitted that the appellant and the prosecutrix visited several tourist places together and the family members particularly, the mother of the prosecutrix was aware about the same. It is further submitted that as a matter of fact, the appellant used to spent huge money on the prosecutrix, however, the prosecutrix and her mother started blackmailing the appellant and demanded huge money from him thereafter in between this, the prosecutrix started living with the appellant in live in relationship and the mother of the prosecutrix lodged a missing person report at Police Station Nayashahar, District Bikaner on 23.4.2019, in which, the prosecutrix appeared before the police and gave statements on 8.5.2019 saying that she started living with the appellant in live in relationship as per her own free will. It is also submitted that after giving such statements, when the prosecutrix demanded money from the appellant and when he refused to give the same, then in June, 2019, this false FIR was lodged against him.