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2021 Supreme(Raj) 1797

MAHENDAR KUMAR GOYAL
Aarti – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Amit Singh Shekhawat, Advocate, for the Appellant; Mr. F.R. Meena, P.P, Mr. Teeka Ram Meena, Advocate, for the Respondent

JUDGMENT

This appeal has been filed by the appellant seeking cancellation of bail granted to the accused-respondent No.2 vide order dated 18.08.2020 by the Special Court (POCSO Act), Sawai Madhopur. The respondent No.2 was arrested in connection with FIR No.47/2019 registered at Police Station Bamanwas District SawaiMadhopur for the offence(s) under Section(s) 363, 366-A of IPC and Section 3(2)(va) of the Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity "the Act of 1989") and later on for the offences under Sections 363, 366, & 376-D IPC and Section 5/6 of the POCSO Act, 2012 (for brevity "the Act of 2012") and Section 3(2)(v) of the Act of 1989.

Learned counsel for the complainant-petitioner submitted that vide order impugned dated 18.08.2020, the accused- respondent No.2 has been extended benefit of bail in a heinous offence ignoring the relevant material available in the case diary especially the statements of the prosecutrix recorded under Sections 161 CrPC as well as 164 CrPC which contained specific allegation against the accused of subjecting her to rape. He submitted that the learned Special Court has assigned three reasons for enlarging

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