Madhya Pradesh High Court
Rajjak @ Raja vs The State Of Madhya Pradesh on 1 May, 2018
1
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
Cr.A. No.3019/2018
(Rajjak @ Raja Vs. State)
01.05.2018
Shri A.K. Gupta, counsel for the appellant.
Shri D. Mishra, Government Advocate for the respondent no.1
State.
None for the victim though served.
Heard on this appeal under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of appellant Rajjak @ Raja in crime no. 52/2018 registered by P.S.- Sultanpur, District- Raisen under Sections 376, 376 (2) (n) and 506 of the IPC and Sections 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It is directed against the order dated 05.04.2018 passed by the Court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Raisen in Special Session Trial No.780/2018.
As per the prosecution case, the prosecutrix is a 25 years old married woman. About a year before the lodging of the first information report, at about 12:00 p.m., the prosecutrix was alone at home. At that time appellant Rajjak entered her house and raped her. He threatened her that if she raised an alarm, he would kill her and also kill her husband. Thereafter, the appellant used to physically exploit her whenever the opportunity presented, under the threat to herself and her husband. About 8 days before lodging of the first information report, husband of the prosecutrix spotted appellant Rajjak leaving his home. When he asked the prosecutrix, she disclosed the matter to him and thereafter the first information report was lodged on 25.02.2018.
2IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Cr.A. No.3019/2018 (Rajjak @ Raja Vs. State) Learned counsel for the appellant submits that the prosecutrix is a mature, married woman. The first information report has been lodged more than a year after the first instance of the incident. The report was lodged 8 days even after the prosecutrix had disclosed the matter to her husband. It appears to be a case of consensual sexual relations between two adults for mutual enjoyment. The appellant has been in custody since 25.02.2018; therefore, it has been prayed that the appellant be released on bail.
Learned Government Advocate for the respondent State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the appellant, in the opinion of this Court, appellant deserves to be released on bail.
Consequently, this appeal for bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed and the impugned order is set-aside.
It is directed that the appellant Rajjak @ Raja shall be released on bail on furnishing a personal bond in the sum of Rs.40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
(C. V. Sirpurkar) Judge sh Digitally signed by S HUSHMAT HUSSAIN Date: 2018.05.01 19:15:08 +05'30' 3 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Cr.A. No.3019/2018 (Rajjak @ Raja Vs. State)