Held that given the gravity of rape allegations against a prosecutrix and the nature of the offence, no ground for bail was made out for the appellant. Appeal dismissed.
Bail to the appellant dismissed. The appellant remains confined at Central Jail Kota.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR.
ORDER
S.B. CRIMINAL APPEAL No. 1999/2017.
Shahrukh S/o Zakir Husain B/c Musalman, R/o Purana Bus Stand Khanpur Distt. Jhalawar At Present Sazidehda Kachchi Basti Kishorepura Kota. (at Present Confined At Central Jail Kota) Vs.
State of Rajasthan
For Applicant(s) : Shri A.K. Khan
For State : Shri R.R. Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA Order
16.11.2017
Appellant has filed this appeal under Section 14 A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC & ST Act') seeking regular bail in F.I.R. No. 77/2017 registered at Police Station Kaithun, District Kota for offence under Section 363, 366, 376-D Indian Penal Code 1860, Section 5/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Heard.
As per the prosecution story, appellant had raped the prosecutrix. Statement of the victim was recorded under Section 164 Cr.P.C.
Keeping in view the seriousness of allegations levelled against the appellant, no ground for grant of bail to him is made out.
Dismissed.
mrg./42
2 issues framed by the court
Whether the appellant is entitled to regular bail in a rape and SC/ST atrocity case involving a child.
Whether serious allegations of rape against a vulnerable child vitiate the defence for bail under the SC/ST Act.
4 provisions across 3 enactments
Shahrukh S/o Zakir Husain
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
