Rajasthan High Court - Jaipur
Bhudaram Jat vs State Of Rajasthan Through P P on 11 July, 2018
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 956/2018
Bhudaram Jat S/o Baluram B/c Jat , R/o Dhani Devi Singh Wali,
Post Puranabas, Tehsil Neem Ka Thana, District Sikar, Presently
Principal, Government Higher Secondary School, Govindpura.
----Appellant
Versus
State Of Rajasthan Through Pp.
----Respondent
For Appellant(s) : Mr.Sandeep Singh Shekhawat For Respondent(s) : Mr.R.R.Singh Rathore,PP HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 11/07/2018
1. The appellant has prefered this appeal aggrieved by order dated 04.05.2018 passed by Special Judge, Special Judge, POCSO Act, Sikar vide which bail application under Section 438 Cr.P.C. filed by the appellant was rejected.
2. F.I.R. No.129/2018 was registered at Police Station Sadar, Neem Ka Thana, District Sikar for offence under Sections 354, 500 I.P.C. and Section 3 SC/ST Act & Section 9/10 of POCSO Act and Section 67B of I.T. Act.
3. It is contended by the counsel for the appellant that complainant and his family members have given an affidavit that the FIR was wrongly filed.
4. Learned Public Prosecutor has opposed the appeal. His contention is that prosecutrix is aged 17 years of girl, who has (2 of 2) [CRLAS-956/2018] stated before the Magistrate that offence has been committed by the appellant against her. Prosecutrix is a member of SC/ST, hence, appeal under Section 438 Cr.P.C. is not maintainable.
5. In view of the same and looking to the statement of prosecutrix, I do not deem it proper to allow the appeal.
6. The appeal is rejected.
(PANKAJ BHANDARI),J teekam/46 Powered by TCPDF (www.tcpdf.org)