Court No. - 64
Case :- CRIMINAL APPEAL No. - 226 of 2021 Appellant :- Mahesh Dhimar Respondent :- State Of U.P. And Another Counsel for Appellant :- Mahesh Kumar,Yogesh Kumar Tiwari Counsel for Respondent :- G.A.,Om Prakash Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Yogesh Kumar Tiwari , learned counsel for the appellant; Sri Om Prakash Yadav learned counsel for the informant; Sri Ankit Srivastava , learned AGA for the State and perused the material placed on record.
2. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 09.12.2020, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Jhansi, in Case Crime No. 201 of 2020, under Sections - 376, 452, 323, 506 I.P.C. and Section 3(2)5 S.C./S.T. (Prevention of Atrocities) Act, Police Station - Uldan, District - Jhansi, whereby bail application of the appellant has been rejected.
3. Learned counsel for the appellant submits that the appellant has been falsely implicated; he was not involved in any such occurrence; the victim has changed her stand during investigation; earlier she stated that she had not recognised the appellant while later, she has claimed to have identified the appellant at the relevant time.
4. On the other hand learned counsel for the informant as well as learned A.G.A. would submit that minor discrepancies being pointed out apart, the basic fact allegation made against the appellant has been consistently supported by the victim.
5. Having heard learned counsel for the parties and having perused the record, keeping in mind the serious nature of the offence alleged, no benefit of minor discrepancies being claimed that too in the statement recorded during investigation may come to the benefit of the present appellant. Accordingly the appeal is rejected.
6. However it is expected that the trial court shall proceed with the trial with utmost expedition and endeavour to conclude the trial most expeditiously, strictly in accordance with law and without granting any unnecessary adjournment to either the parties.
Order Date :- 24.12.2021 Faraz