SAGAR SHARMA S/O KAILASH CHANDRA SHARMA Vs. STATE
LAWS(RAJ)-2020-4-14
HIGH COURT OF RAJASTHAN
Decided on April 09,2020

Sagar Sharma S/O Kailash Chandra Sharma Appellant
VERSUS
STATE Respondents

JUDGEMENT

DINESH MEHTA, J. - (1.)This appeal has been filed by the appellant under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 05.03.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, in Criminal Misc. Case No.59/2020 (CIS No.32/2020), Special Session Case No.16/2020, pertaining to FIR No.474/2019, Police Station Hiran Magri, District Udaipur for the offences under Section 376 IPC and Section 3(2)(v) SC/ST (Prevention of Atrocities) Act, 1989, whereby his bail application under Section 439 of the Cr.P.C. has been rejected.
(2.)The appellant, in his appeal, has raised basic ground that he has been falsely implicated by the complainant who is 29 years of age and that physical relationship between the appellant and complainant was that of consent and not of force.
(3.)Mr. Farzand Ali, learned Additional Advocate General-cumGovt. Advocate was not able to satisfactorily repel these contentions.


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