- (1.)This appeal is filed under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'the Act') praying for an order of anticipatory bail in connection with an offence registered as C.R.No.I-11213042210627 of 2021 with Padadhari Police Station, Rajkot for the alleged offences punishable under Ss. 376(2)(n) , 354A , 504 , 506(2) and 114 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act') as also under Sec. 3(2)(va) , 3(1)(w)(i) , 3(1)(s) and 5 of 'the Act'.
(2.)It is coming out from the affidavit filed by respondent No.2 - original first informant objecting to grant of anticipatory bail that vide report dtd. 03.08.2021, pursuant to an additional statement recorded of the first informant, the provisions of Sec. 376(2)(n) of IPC as also Sec. 3(2)(v) of 'the Act' and Sec. 6 of the 'POCSO Act' are invoked in the FIR.
(3.)Mr. Vicky Mehta, learned advocate for the appellants submitted that the appellants are the parents of the original accused No.1, who is alleged to have relationship with the victim, who herself has filed the First Information Report initially alleging the provisions of Sec. 354A of IPC on 26.7.2021 involving the appellants attributing threat administered by appellant No.1 herein of dire consequences to her father. It is submitted that because of that reason only, the provision of 'the Act' is invoked against the present appellants. At any rate, according to submission of Mr. Mehta learned advocate for the appellants, they have nothing to do with the other offences alleged in the FIR as also the report invoking certain sections, pursuant to an additional statement recorded of the first informant. Therefore, he has submitted that invoking provisions of 'the Act' involving the appellants is nothing but an abuse of process of law. Therefore, it is prayed that the appellants may be enlarged on anticipatory bail.