SURAJBHAN 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. 18/5/2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.265/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

(2.) The appellant has been arrested in FIR No.30/2019 of Police Station Jaitaran, District Pali for the offences punishable under Ss. 365, 384 and 376(2)(N) IPC and Ss. 3(1)(W1) and 3(2)(V)(V-A) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the allegation against the appellant of abduction the prosecutrix and sexual assault upon her are false. It is argued that the appellant and the prosecutrix were working together as Mate in NREGA where both of them became friends and later on, their friendship turned into love affairs and resulted into physical relation. It is submitted that on the day of incident the prosecutrix was major and whatever were the relations between her and the appellant they were consensual. It is submitted that the charge-sheet has been filed.