A single judge allowed an appeal seeking regular bail under S. 14(A)(2) of the SC/ST Act for offences including rape and POCSO, noting the prosecutrix did not support the case, without expressing an opinion on merits.
Appellant admitted to bail subject to satisfaction of the Trial Court.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL APPEAL NO. 167/2018
Brajpal S/o Sarnam Singh B/c Pal, Aged About 28 Years, R/o Dawah, Police Station Kishni, District Mainpuri, Uttar Pradesh, At Present House No.86, Vaibhav Vihar Colony, Mali Ki Kothi, PS Kanota, District Jaipur. (At Present Confined in Central Jail, Jaipur).
----Appellant
Versus
State of Rajasthan Through PP
----Respondent
For Appellant : Mr. Ashvin Garg For Respondent : Mr. Ram Ratan Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
30/01/2018
Appellant has filed this appeal under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking regular bail in F.I.R. No. 118/2016 registered at Police Station Kho-Nagoriyan, District Jaipur for offences under Sections 323, 344, 347, 376D Indian Penal Code, 1860 and Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 5/6 & 3(1)(B) of Protection of Children from Sexual Offences Act, 2012.
Learned counsel for the appellant has submitted that the appellant is in custody since 27.04.2016. During trial, prosecutrix has not supported the prosecution case qua the appellant.
Accordingly, without expressing any opinion on merits of the case, this appeal is allowed. Appellant be admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/24
1 issue framed by the court
Whether regular bail should be granted to the appellant under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4 provisions across 3 enactments
Brajpal
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
