IMPORTANT POINT
The court established that the credibility of allegations in sexual offense cases must be thoroughly examined, particularly in light of the victim's age and the context of the relationship, to determine the appropriateness of bail.

JUDGMENT :

Saurabh Lavania, J.

1. Rejoinder affidavit filed today is taken on record.

2. As per office report dated 24.04.2024, service upon respondent no.2 is deemed to be sufficient but today, when the case was called out, no one appeared on behalf of respondent no.2. In the aforesaid background of the case, this Court proceeded to hear and decide the appeal finally.

3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order 22.09.2023 passed by Special Judge, SC/ST Act, Lakhimpur Kheri, in Bail Application No. 456 of 2023, arising out of F.I.R/ Case Crime No. 208 of 2023, under Sections 376, 323, 504, 506 I.P.C. and Section 3(1)2, 3(1)dha, 3(1)v of SC/ST Act, Police Station-Kotwali Uchauliya, District- Lakhimpur Kheri.

4. Heard counsel for the appellant and learned A.G.A. for the State.

5. While pressing the present appeal, counsel for the appellant submits that the appellant has falsely been implicated in the present case and in fact no offence has been committed by the appellant and despite this, the appellant, having no criminal history, is in jail since 31.07.2023.

6. It is further stated that the victim and the appellant were having affair and this affair came to the knowledge of the family members of the victim and as this relationship was not acceptable to the family members of the victim and therefore to teach the lesson to the appellant, the father of victim after due consultation preferred an application under Section 156(3) CrPC, levelling false allegations therein, after a delay of about three weeks from the date of coming to know about the relationship of appellant and victim and thereafter in compliance of the order of the competent court of jurisdiction, the F.I.R. was lodged on 17.07.2023.

7. It is further stated that under pressure, the victim made her statement before the investigating officer as also before the court concerned, as required under Section 161 & 164 CrPC.

8. In continuation, it is stated that as per the statement of the victim under Section 161 CrPC, the appellant made physical relationship with the victim, aged about 20 years, but at this stage the victim has not levelled any allegation that the appellant committed rape in the open place or in the sugarcane field and before the court concerned, the victim under pressure indicated that the appellant committed rape with her in the sugar cane field.

9. It is further stated that a conjoint reading of the contents of the F.I.R. wherein several other allegations have been levelled including that at gun-point, the appellant committed rape with her and the statements of victim under Sections 161 & 164 CrPC would indicate that the story of the prosecution is not intact and a false F.I.R. was lodged only to teach the lesson to the appellant for having relationship with the victim which was not acceptable to the family members of the victim.

10. It is further stated that the appellant made physical relationship with the victim with her consent and this consent cannot be said to be unlawful as the victim at relevant point of time was major as per own story of prosecution including the age indicated by the victim herself before the Court concerned and in this regard, the appellant has also brought on record the Transfer Certificate (T.C.) of the issued by the school, which is annexed as Annexure No.7 to the present appeal.

11. It is further submitted that a perusal of the statements of independent witnesses, namely Jagdish and Ajay Singh, which is on record, also proves that the appellant and the victim were having affair.

12. Learned A.G.A. vehemently opposed the prayer for bail but he could not dispute the contention of counsel for the appellant.

13. Considered the arguments advanced by the learned counsel for the appellant and learned A.G.A. for the State and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents on record.

14. Upon due consi