RANCHI, India, Aug. 23 -- Jharkhand High Court issued the following order on June 23:

Heard the parties.

1. The instant criminal appeal has been filed Section 14 A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 23.09.2024 passed in connection with Shikaripara P.S. Case No. 33 of 2024 {SC/ST Case No. 15 of 2024} under Sections 376(2)(n) and 385 of Indian Penal Code and Sections 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby and whereunder, the regular bail of the appellant has been rejected.

2. It is submitted by learned counsel for the appellant that from the plain reading of the FIR, it will be evident that the victim is 25 year old girl and there was consensual physical relationship which continued for almost three years. In view of the consensual nature of relationship, no offence of rape will be made out. It is further argued that although the allegation of making extortionist demand has been made, but it has come in the order passed by the court below that the account number in which the extortion amount is said to be deposited was not found valid.

3. With regard to the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, it is submitted that provisions will be attracted only if a woman was subjected to sexual abuse on account of being a member of Scheduled Caste and Scheduled Tribe and it will not be attracted in a case of consensual physical relationship.

4. Learned counsel for the State assisted by learned counsel for the informant have vehemently opposed the prayer for bail and submitted that it has come in the statement of the mother of the appellant that the extortion amount was deposited in her account. There was delay in filing the case, as it was extended to make viral some private photographs of the victim girl.

Considering the gravity of offence, I am not inclined to enlarge the appellant on bail. Accordingly, his prayer for bail is hereby rejected.

Criminal appeal stands dismissed.

Disclaimer: Curated by HT Syndication.