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2023 Supreme(Raj) 725

KULDEEP MATHUR
Sheru Khan S/o Deen Mohammad – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Ratna Ram, Mr.Bhima Ram
For the Respondent: Mr.Mool Singh, P.P.

JUDGMENT :

The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 20.10.2022 passed by learned Special Judge, POCSO Act Cases, Balotra in Cr.Misc. Bail Application No.262/2022, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.229/2022 registered at Police Station Sadar, District Barmer, for offences under Sections 363, 366A, 376(3), 376(2)(N) of IPC and Sections 5(I)/6, 11(IV)/12 of POCSO Act and Sections 3(1)(w)(ii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

2. Learned counsel for the appellant submitted that the appellant who is aged about 20 years developed consensual sexual relationship with the prosecutrix. Drawing attention of the Court towards the statements of the prosecutrix recorded before competent criminal court as P.W.1, learned counsel submitted that the prosecutrix in her statements has stated that accused-appellant developed physical relation with her by making false promise of marrying her. Learned counsel further submitted that statements o

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