BHOJRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.75/2021, Police Station Mahila Thana, Distt. Bundi, for the offences under Ss. 366, 376D of IPC and Sees. 3(l)(w), 3(2)(v) of SC/ST Act against the order dtd. 14/9/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bundi, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellants was rejected.

(2.) Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.

(3.) It is submitted by learned counsel for the appellant that they have been falsely implicated in this matter grudgely as they have nothing to do with the alleged crime. He submits that the prosecutrix is a grown up lady of 26 years, she left the company of her husband on 8/8/2021 at her own free will and volition and for that, the husband of the prosecutrix lodged a missing person report on 9/8/2021. He submits that in the enquiry conducted in respect of missing person report, the prosecutrix was found on 12/8/2021 and she alleged that accused Nand Kishore and Vinod took her away and committed rape upon her. On the basis of gist of the report, an FIR for the offence under Sec. 376 IPC was registered on 12/8/2021. When during the course of investigation, she was examined under Sees. 161 and 164 Cr.P.C, she improved her statement materially where she alleged that after Nand Kishore and Vinod, she was taken and confined by the present appellants and both committed rape upon her and procured her to another accused Nand Bihari who committed rape with her. Counsel submits that the manner in which incident said to have taken place does not inspire confidence, and the story as narrated by her has made material improvements during the course of investigation and has thus made her an unreliable witness. He submits that the accused are in jail and their further incarceration would not be required for any purpose since challan has been filed and trial of the case would likely to take long time to culminate therefore, benefit of bail may be granted to the appellants.