RAMRUP GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal under Sec. 14-A of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail in F.I.R. No. 38/2018 registered at Police Station Gadhmora, for offence under Ss. 363, 366, 376-D of Indian Penal Code, 1860 and Sec. 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Ss. 5/6, 17 of The Protection of Children from Sexual Offences Act, 2012.

(2.) Learned counsel for the appellant has submitted that the appellant is in custody since 9/7/2018. Prosecutrix is a major. Appellant had moved an application before the trial court that he should be got identified from the prosecutrix before her statement was recorded, during trial. However, the said application was dismissed by the trial court. In support of his arguments, learned counsel has placed reliance on the judgment of Hon'ble Supreme Court in Shri Ram and Another Versus The State of Uttar Pradesh AIR 1975 Supreme Court 175, wherein, it was held as under:-

(3.) Learned counsel has next placed reliance on the decision of this Court in Darga and Ors. Versus State of Rajasthan Cr. L. R. (Raj.) 1983, wherein, it was held as under:-