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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Laxman Singh – Appellant
Versus
State & Ors. – Respondents
S.B. Criminal Appeal No. 224 of 2021
Decided On : 25-01-2022
Lawyers - SC/ST (Prevention of atrocities) act - The court dismissed the appeal for bail under Section 14a(2) SC/ST (Prevention of atrocities) act, considering the specific allegation of rape against the appellant by the prosecutrix in her statements recorded under Section 161 and 164 CrPC.
Fact of the Case:
The appellant filed an appeal for bail under Section 14a(2) SC/ST (Prevention of atrocities) act in connection with FIR No. 175/2020 for offences under Sections 376 IPC and Section 3(1)(W)(I), 3(2)(v) of the SC/ST (Prevention of atrocities) act. The bail application was rejected by the Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur Metro.
Finding of the Court:
The court considered the statements of the prosecutrix recorded under Sections 161 and 164 of CrPC, which categorically showed that the appellant had committed rape upon her body. Without expressing any opinion on the merits of the case, the court dismissed the appeal, considering the nature of the accusation and gravity of the offence.
Issues: Bail under Section 14a(2) SC/ST (Prevention of atrocities) act, specific allegation of rape, gravity of the offence.
Ratio Decidendi: The court's decision was influenced by the specific allegation of rape against the appellant by the prosecutrix in her statements recorded under Section 161 and 164 CrPC, and the nature of the accusation and gravity of the offence.
Final Decision: The appeal filed under Section 14-a(2) of Schedule Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 was dismissed.
JUDGMENT
Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
2. The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No. 175/2020, Police Station Borunda, District Jodhpur for the offences under Sections 376 IPC I.P.C. and Section 3(1)(W)(I), 3(2)(v) of the SC/ST (Prevention of atrocities) act against the order dated 19/02/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur Metro, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
3. Heard. Perused the material available on record.
4. Learned counsel for the appellant submits that the FIR has been lodged after a delay of three days. The prosecutrix is 25 years old lady and at the time of incident, the husband of the prosecutrix was in the nearby area, therefore, it is impossible for anybody to commit rape upon the body of Mst.'N'. Charge sheet in the case has been filed. Learned counsel for the appellant submits that even as per the medical report, there is no injury on the body of the prosecutrix and there is no sign of violent intercourse.
5. Learned public prosecutor as well as learned counsel for the complainant vehemently opposed the appeal.
6. I have considered the submissions made at the Bar and I have gone through the statements of Mst.'N' recorded under Sections 161 and 164 of CrPC wherein she has categorically stated that she knows the appellant on account of the fact that the appellant was involved in the construction of the wall of her agriculture field and, therefore, he has visited the house of the prosecutrix and taking liberty, he has committed rape upon her body. The statements of Prosecutrix Mst.'N' clearly and categorically show that the appellant has committed rape upon the body of Mst.'N'.
7. Having regard to the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence and since there is specific allegation of rape against the present appellant by the prosecutrix in her statements recorded under Section 161 and 164 CrPC, without expressing any opinion on the merits of the case, I am not inclined to grant appeal filed under Section 14-a(2) of Schedule Castes and Scheduled Tribes (Prevention of atrocities) act, 1989. accordingly the present appeal is dismissed.
The court's decision was influenced by the specific allegation of rape against the appellant by the prosecutrix in her statements recorded under Section 161 and 164 CrPC, and the nature of the accusa....
The interpretation of evidence and circumstances, including the relationship between the appellant and the prosecutrix, played a crucial role in the Court's decision to grant bail.
The court's decision was based on the consideration of the entirety of facts and circumstances, including the statement of the prosecutrix, in allowing the appeal and ordering the release of the accu....
The credibility of evidence and the lack of credible evidence against the appellant influenced the court's decision to grant bail.
The lack of evidence connecting the appellant with the murder and the impact of the COVID-19 pandemic on the situation of the country and the jails influenced the court's decision to allow the appeal....
Interpretation of bail provisions under the SC/ST (Prevention of atrocities) act and the consideration of facts and circumstances in granting bail.
The Court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The impact of the COVID-19 pandemic on the country and jails can be considered as a factor in granting bail, especially in cases where no overt acts are reported against the appellants.
The decision was based on the consideration of the entirety of facts and circumstances, including the non-support of the prosecution case by material witnesses and the bail granted to the co-accused.
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