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SAMEER JAIN
Abhishek – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(Sameer Jain, J.)
The instant criminal appeal has been filed under Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on behalf of the accused-appellants. The accused-appellants were arrested in connection with FIR No. 168/2023 registered at Police Station Peeplu, District Tonk for the offence(s) under Sections 147, 148, 149, 302 and 201 IPC and 3(2)(v), 3(2)(va) of SC/ST Act.
2. Learned counsel for the accused-appellants has submitted as under:-
2.1 That the FIR was registered with a delay i.e. three days after the date of the incident. In this regard, it was averred that the FIR was registered on 29.06.2023 whereas the alleged incident is stated to have occurred on 27.06.2023.
2.2 That the accused-appellants are young boys/students aged 20 and 23 years, with no criminal antecedents, who have been falsely implicated in the offence as alleged. In this regard, it was averred that the accused-appellants are merely employees of the lease holder of the unit.
2.3 That cross-FIRs have been filed in the instant matter.
2.4 That the deceased was a habitual offender insofar as theft and clandestine removal of bajri/sand was concerned.
2.5 That the
The court emphasized the necessity of timely FIR registration and proper representation for marginalized communities, deferring final adjudication to ensure compliance with legal standards.
(1) Investigation into an offense must be unbiased, honest, just, complete and in accordance with law.(2) A judicial balance must be struck between competing forces in a criminal trial between intere....
The court emphasized that the severity of the crime and the criminal history of the appellants outweighed their arguments for bail, highlighting the need to protect the victim's family's rights.
Bail applications under Section 14A(2) of the SC/ST Act require careful consideration of the nature of the alleged offence and the evidence of involvement.
The seriousness of the offence, the presence of supporting witnesses, and the vulnerability of the complainant and other witnesses influenced the decision to deny bail to the appellant.
The central legal point established in the judgment is the requirement for immediate F.I.R. registration, the significance of reliable evidence, and the burden of proof on the prosecution.
The main legal point established in the judgment is the reliance on consistent witness testimony, post-mortem evidence, and the lack of evidence to support the appellants' claims in affirming the con....
Point of law : Murder /Attempt to Murder - Conviction set aside – Delay in filing FIR - unexplained delay in registering the F.I.R. and dispatching the same to the concerned Court, and suppressing tw....
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