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[CRLAS-682/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 682/2021

Gopal Nama S/o Shri Omprakash Nama, Aged About 31 Years,

R/o Balakund, Kartar Kirana Store Ke Peeche Keshavpura, P.s.

Dadabadi, District Kota. (At Present Confined In Central Jail

Kota)

----Appellant

Versus

1.

State Of Rajasthan, Through Public Prosecutor.

2.

Victim D/o Shri Dayaram, R/o Ganeshpal, Bapu Colony

Kunhadi, Kota, Raj.

----Respondents

For Appellant(s)

:

Mr. Samarth Sharma

For Respondent(s)

:

Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA (V.J.)

Order

21/06/2021

Heard learned counsel for the appellant and learned Public

Prosecutor.

The present criminal appeal under Section 14-A (2) of the

SC/ST (Prevention of Atrocities) Act has been filed in connection

with FIR No.69/2020 registered at Police Station Kotwali, Kota

City, for the offence under Section 376 IPC and Section 3 of SC/ST

Act.

Counsel for the appellant submits that the prosecutrix

entered into the Nata Marriage with the petitioner and the same

was duly attested in the Court. Notice was issued to the

complainant, who has failed to appear before the Court. Learned

counsel submits that an affidavit was made of living in Nata

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Marriage on 19.12.2019 by the prosecutrix as well as the

petitioner and thereafter they were living happily, however, on

account of some dispute, the prosecutrix left and demanded huge

sum and lodged the FIR under Sections 376, 365, 344 and 3(2)

(v), 3(2)(va) of the SC/ST Act.

Learned counsel submits that earlier also the prosecutrix had

lodged a similar FIR against another person at Police Station

Kunhadi, Kota bearing No.429/2015 wherein the concerned person

was acquitted after the prosecutrix and her relatives were

declared hostile. Learned counsel submits that a modus operandi

has been adopted by the prosecutrix to extort money.

I have considered the submissions.

No one has appeared on behalf of the complainant.

Learned Public Prosecutor has opposed the appeal.

Taking into consideration the facts as above, the nature of

allegations and the documents which have been placed on record

and the charge-sheet filed by the I.O., I am inclined to allow this

appeal and find that prima facie the offence under Section 376

and 376, 365, 344 and 3(2)(v), 3(2)(va) of the SC/ST Act is not

made out as against the petitioner on the basis of the aforesaid

facts.

Accordingly, this appeal is allowed and the order dated

30.03.2021 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Kota is quashed and set-aside

and it is directed that accused-appellant namely, Gopal Nama S/o

Shri Omprakash Nama shall be released on bail provided he

furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty

thousand Only) with one surety in the like amount to the

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satisfaction of the learned Trial Court with the stipulation that he

shall appear before that Court and any Court to which the matter

is transferred, on all subsequent dates of hearing and as and when

called upon to do so.

(SANJEEV PRAKASH SHARMA (V.J.),J

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