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FARJAND ALI
Bheru Lal Kumhar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
It has been apprised to this Court by the learned public prosecutor that the complainant/victim party has been informed.
2. The jurisdiction of this court has been invoked by way of filing an appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act at the instance of accused-appellant. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 260/2022 |
| 2. | Concerned Police Station | Mandalgarh |
| 3. | District | Bhilwara |
| 4. | Offences alleged in the FIR | S. 376(2)(n) & 506 of IPC and Section 3(1)(w) & 3(2)(v) of SC/ST Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impugned order | 04.09.2023 |
3. The concise facts of the case as alleged in the FIR lodged by the prosecutrix are that she was going to Joganiya Mata on her own when the appellant sedated her with an ice cream on the bus journey and took her to multiple places and raped her.
4. It is contended on behalf of the accused-appellant that no case for the alleged offences is made out against him and his incarceration is not warr
The court found sufficient grounds for bail, noting the possibility of consent and the lack of alarm raised by the complainant during the incident, thus granting bail despite serious charges.
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, reinforcing the principle of presumption of innocence in criminal proceedings.
The delay in filing the FIR and the appellant's defense of being cheated into the marriage with the prosecutrix influenced the court's decision to grant bail under Section 14-A SC/ST (Prevention of A....
The court established that delays in filing FIRs and the context of the allegations can significantly influence bail decisions, particularly in cases involving the SC/ST (Prevention of Atrocities) Ac....
The court's decision was influenced by the change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
The court established that the age of the prosecutrix and the completion of the investigation are significant factors in determining bail under the SC/ST (Prevention of Atrocities) Act.
The court established that in cases under the SC/ST (Prevention of Atrocities) Act, the circumstances surrounding the filing of the FIR and the nature of the allegations can significantly influence b....
Consensual nature of the relationship and likelihood of trial duration as factors in granting bail under the SC/ST Act.
The court emphasized that insufficient evidence against the appellant warranted bail, reinforcing the principle of personal liberty during trial.
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