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MAHENDAR KUMAR GOYAL
Laddu Gopal Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Mahendar Kumar Goyal, J. - The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.343/2020 registered at Police Station Malpura Gate, District Jaipur City (East) for the offence under Section 376-D IPC and Section(s) 3(1)(w)(i) & 3(1) (w)(ii) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ?the Act of 1989?) and later on for the offence under Section 376-D IPC and under Section(s) 3(1)(w)(i)(ii) & 3(2)(V) of the Act of 1989.
2. Learned counsel for the appellant contended that he has falsely been implicated in this case wherein FIR has been lodged by a married major lady of 22 years of age with delay. Drawing attention of this Court towards the statement of the prosecutrix recorded under Section 164 Cr.P.C., learned counsel submitted that she has levelled the allegation of rape which is based solely upon the video of the incident allegedly captured by co-accused in his mobile phone; but, no such video has been found in the mobile phone nor, charge sheet has been filed under the provision of Information and Technology Act, 2005. Learned counsel submitted th
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
Bail can be granted under the SC/ST (Prevention of Atrocities) Act based on the absence of prior criminal records and the circumstances surrounding the case, without prejudicing the merits of the cas....
The court established that the provisions of the SC/ST (Prevention of Atrocities) Act must be balanced with the rights of the accused, particularly in cases where the allegations are not severe and t....
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court granted bail based on the absence of visible injuries on the prosecutrix and the completion of witness statements, reducing the risk of influence.
The court established that in bail considerations, the voluntary actions of the prosecutrix and the absence of criminal antecedents of the accused are significant factors that can influence the decis....
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