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KULDEEP MATHUR
Gaffar Khan @ Gafoor Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Kuldeep Mathur, J. - Heard learned counsel representing the appellant and learned Public Prosecutor. Perused the material available on record.
2. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved by the order dated 20.12.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Balotra in Cr. Misc. Case No.341/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.594/2022 registered at Police Station Balotra, District Barmer (now District Balotra), for the offences under Sections 450, 384, 376(1), 306 IPC and Sections 3(1)(r)(s)(w)(ii) and 3(2)(v) of the SC/ST Act.
3. Learned counsel for the appellant submitted that the appellant, who is aged about 23 years, has been falsely roped in a criminal case. Learned counsel submitted that the prosecutrix filed a written report dated 20.12.2022 stating inter alia that it was some time in the afternoon of 16.12.2022, while she was alone in her house, the appellant came there and on the point of knife, committed sexual assault/rape with her and snapped h
The court emphasized that insufficient evidence against the appellant warranted bail, reinforcing the principle of personal liberty during trial.
Prima facie evidence of involvement in the alleged crime, seriousness of accusations, and difficulty in accepting bail at an early stage of the case.
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 emphasized that bail should not be denied without substantial justification, especially when prima facie evidence suggests potential false implication.
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 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 ....
The court ruled that mere pregnancy does not imply guilt of sexual assault, and the absence of risk factors justified granting bail.
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