Nandkishore @ Kishore Mali vs State Of Rajasthan And Others

Dinesh Mehta, J

This appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellant in connection with FIR No.370/2023, Police Station Deedwana, District Nagaur for the offence under section 376(D) of the Indian Penal Code, 1860 and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellant argued that if the FIR, statements of prosecutrix recorded under sections 161 and 164 of the Code of Criminal Procedure, 1973 are read, there is no allegation of sexual assault upon the present appellant. He submitted that the only allegation against the present appellant is that he has introduced the complainant to one Ramdev Thalod and gave her cell-number.

Learned Public Prosecutor and the learned counsel for the complainant vehemently opposed the appellant’s prayer.

Learned counsel for the complainant submitted that the sexual exploitation of the prosecutrix was initiated at the instance of the present applicant who had given prosecutrix’s number to Ramdev Thalod.

Heard learned counsel for the parties and perused the material available on record.

If the contents of the FIR and the statements of prosecutrix under sections 161 and 164 of the Code of Criminal Procedure, 1973 are perused, it is apparent that the assertion against the appellant is that he gave proxecutrix’s number to one Ramdev Thalod.

True it is, that in her statement the prosecutrix has levelled allegations of sexual assault upon other persons by indicating that she does not know their names. Had the appellant been one of those perpetrators, the prosecutrix would definitely take his name, as she was knowing the appellant’s name, which is evident from the first three lines of her complaint and statement.

Having regard to the facts and circumstances of the case and considering the arguments advanced at the bar, this Court deems it just and proper to allow the present appeal of the appellant who is behind the bars since 08.11.2023.

Consequently, the appeal is allowed. The impugned order dated 09.11.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Merta is set aside. It is ordered that the accused – appellant - Nandkishore @ Kishore Mali S/o Khinva Ram, arrested in connection with FIR No.370/2023, Police Station Deedwana, District Nagaur, shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Appellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.