Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015
Section 14A(2)—Appeal against order rejecting bail application—Offences registered under Sections 354D, 506, 376(2)(n) of IPC and Sections 3(1)(r), 3(1)(s), 3(w)(2), 3(2)v) & 3(2)(va) of the SC/ST Act—Prosecutrix, in her statements, stated that she was subjected to forcible sexual assault/rape about 4-5 years from the date of lodging the FIR—No plausible explanation has been furnished by the prosecutrix for lodging the FIR after a huge delay of 4-5 years—Appellant and prosecutrix were in constant touch through mobile phone and more than 980 calls were exchanged between them on different dates—No obscene videos and photographs have been allegedly used by the appellant for pressurizing the prosecutrix—Prosecution has not shown any apprehension of the appellant influencing the prosecutrix or fleeing from justice in case he is enlarged on bail—Appellant is entitled to be released on bail—Appeal allowed.
[Para 7]