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In case accused charged under POCSO, SC/ST acts, bail plea to be decided by POCSO court: HC

Press Trust of India  |  Allahabad 

The has ruled that in a case where the accused has been charged under both under the POCSO and SC/ST Act, the application will be decided by the special

Justice JJ Munir on Monday also held that in case a special passes an order declining to the accused charged under both the acts, an application under section 439 of the CrPC would alone be maintainable before the

The court passed the order while hearing a plea filed by a man accused of rape where the government raised a preliminary objection that as the accused is charged under both the acts, therefore bail application under section 439 of the CrPC was not maintainable.

The applicant was required to file an appeal under section 14 A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities ) Act, the contended.

The held that the bail application of Rinku, accused of raping a girl of Scheduled Caste community, is maintainable.

It fixed February 22 as the next date of hearing to decide on merit the accused's bail plea.

Rinku was accused of raping the girl along with his friends on July 7, 2017.

Police had allegedly refused to lodge an FIR on a complaint of the victim's mother. They registered it only after an order of the on August 26, 2017.

The accused claimed that he was falsely framed in the case and said that even in the past seven false cases had been filed against him on complaints of the victim's family.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, February 12 2019. 21:15 IST