Allowed

Laxmi Kant Nama S/O Suresh Kumar Nama v. State of Rajasthan

Rajasthan HC3 Jun 2019CRLAS/537/2019

Case brief

AI extract

What is this about?

Allowed thecriminal appeal filed under Section 14 A of the SC/ST Act, set aside the impugned order, and granted bail to the appellant from Sections 323 and 376 IPC and Section 3(2)(va) SC/ST Act, noting prima facie evidence of consent amidst allegations of a consensual relationship that soured.

What did the court decide?

Criminal appeal allowed; impugned order set aside; appellant released on bail with personal bond and two sureties subject to conditions.

Laxmi Kant Nama S/O Suresh Kumar Nama Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 537/2019

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Laxmi Kant Nama S/o Suresh Kumar Nama, Aged About 37 Years, R/o Plot No 8 Pawanpuri Extension Benad Road Aara Machine Ke Pass Jhotwara Jaipur Raj.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp Cum Additional Advocate General Rajasthan High Court Bench Jaipur

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Mrs. Pista Meena W/o Shri Jay Narain Meena, R/o Pakka Dhora Teh. Lalshot Ps Mandawari Dist. Dausa Raj.

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----Respondents

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For Appellant(s) : Mr. Lalit Sharma, Adv. For Respondent(s) : Mr. Deshraj Gosingha, PP

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

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Order

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03/06/2019

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This criminal appeal has been filed under Section 14 A of the SC/ST (Prevention of Atrocities) Act in connection with FIR No.0149/16.02.2019 for the offence under Sections 323 and 376 IPC and Section 3(2) (va) SC/ST (Prevention of Atrocities) Act (Amendment Act 2015) registered at Police Station Muhana Jaipur City.

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(2 of 3)

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[CRLAS-537/2019]

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Heard learned counsel for the appellant and learned Public Prosecutor appearing for the State and carefully scanned the relevant material made available on record.

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Looking into the allegations levelled in the FIR which relate to having sexual relationship with the accused by the prosecutrix for a period of 6 years continuously and also looking to the age of the prosecutrix which was 22 years, 6 years back, and the appellant being a married person and prosecutrix also being married, prima facie it seems to be a case of consent which has later on turned sour.

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Considering the same, this criminal appeal under Section 14 A deserves to be allowed and prima facie this Court does not find a case under Section 376 IPC of forceful sexual intercourse, without commenting on the merits of the case, this Court deems it just and proper to enlarge the appellant on bail.

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Accordingly, the criminal appeal filed under Section 14 A is allowed. The order impugned dated 28.02.2019 passed by the Court of Special Judge, SC/ST Atrocities Cases Jaipur is set-aside. The SHO/IO/Arresting Officer, Police Station Muhana, Jaipur City in FIR No. 0149/16.02.2019 is directed that in the event of arrest of the appellant Laxmi Kant Nama son of Suresh Kumar Nama, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.20,000/- with two sureties in the like amount to the satisfaction of the SHO/IO/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the appellant shall make himself available for interrogation by a police officer as and when required;

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(3 of 3) [CRLAS-537/2019]

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(ii) that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the appellant shall not leave India without previous permission of the Court.

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

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Ramesh Vaishnav /86

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Laxmi Kant Nama S/O Suresh Kumar Nama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Laxmi Kant Nama S/O Suresh Kumar Nama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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