UMMED 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. 20/11/2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer (hereinafter to be referred as 'trial court') in Criminal Misc. Case No. 394/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No. 129/2017 of Police Station Mahila, Barmer, for the offences punishable under Ss. 450 and 376(1) I.P.C. and Ss. 3(1)(R)(S), 3(1)(B) (I)(II), 3(2)(V) SC/ST (Prevention of Atrocities) Act.

(3.) Learned counsel for the appellant has submitted that the appellant has been falsely implicated in this case. It is argued that initially in a complaint filed by the complainant it was alleged that the appellant attempted to commit rape upon her but later on, false allegation of sexual assault has been levelled against the appellant. It is also submitted that after filing of FIR of that incident, another FIR levelling similar allegation was filed against the appellant and from this itself, it is clear that the prosecutreix is filing false complaints against the appellant with intention to harass him. Learned counsel for the appellant has submitted that charge-sheet has been filed and trial of the case will take time.