AMRITPAL 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 dt. 14/2/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, District Sriganganagar (hereinafter to be referred as 'trial Court') in Criminal Misc. Case No.44/2019 whereby the trial Court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No.352/2018 of Police Station Raisinghnagar, District Sriganganagar, for the offences punishable under Secs. 3(2)(V) SC;/ST (Prevention of Atrocities Act, 1989 and Ss. 366 and 376 I.P.C.

(3.) Learned counsel for the appellant has submitted that from the complaint as well as statement of prosecutrix, it is clear that the complainant was in live in relation with the appellant and she stayed with him for about 3 to 4 years. It is submitted that whatever the relations between the appellant and the complainant, the same were consensual. It is also argued that the complainant is major and married lady and she lived with the petitioner for about 3 to 4 years at Karanpur as per her own free will, however, later on some dispute arose between them, hence, this false FIR has been lodged against the appellant.