HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1210 / 2015
Bhagwana Ram son of Harchand, B/c Meghwal, aged 24 years, R/o
Aamli P.S.Sanchore, District Jalore
—-Appellant
Versus
1 Sonaram @ Chunaram son of Vadharam, B/c Purohit, R/o
Aamli, Tehsil Sanchore, District Jalore
2 Ganpat Lal son of Tulchha Ram, B/c Purohit, R/o Aamli,
Tehsil Sanchore, District Jalore
3 State of Rajasthan
—-Respondents
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For Appellant(s) : Mr Haider Agha
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HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/04/2017
This criminal appeal is preferred by the appellant being
aggrieved with the order dated 23.09.2015 passed by Special
Judge, SC/ST (Prevention of Atrocities), Jalore (for short ‘the trial
court’ hereinafter) in Sessions Case No.33/2011, whereby the trial
court while acquitting the accused-respondents from the offences
punishable under section 354 IPC and sections 3(1)(x) and 3(1)
(xi) of SC/ST Act has convicted them for the offences punishable
under sections 341 and 323 IPC, however, instead of sentencing
them, the trial court has granted them benefit of probation while
imposing fine of Rs.2500/- each upon them with a direction to pay
(2 of 3)
[CRLA-1210/2015]
the fine amount to injured Smt. Paru Devi and Harchand Ram
Meghwal.
The present appeal has essentially been filed by the
appellant with a grievance that the trial court has wrongly
acquitted the accused-respondents from the offences punishable
under sections 3(1)(x) and 3(1)(xi) of the SC/ST Act.
Learned counsel for the appellant has submitted that
injured PW.3 Paru Devi and PW.12 Harchand Ram and other
witnesses viz. PW.4 Bhagwana Ram, PW.6 Achla Ram, PW.7 Pyari
Devi, PW.8 Sharda Devi in their statements have specifically
stated that accused-respondents abused the complainant and his
family members with casteist remarks in the presence of several
persons and from the said piece of evidence, it is clear that the
prosecution has sufficiently proved the charges against the
accused-respondents for the offences punishable under sections
3(1)(x) and 3(1)(xi) of the SC/ST Act but the trial court without
properly appreciating the statements of the eye-witnesses has
illegally acquitted the accused-respondents for the aforesaid
offences.
Heard learned counsel for the appellant and perused
the impugned judgment.
The trial court while considering the statements of the
eye-witnesses has specifically observed that almost all the
witnesses are the near relatives of the complainant or belonging
to the same caste. The trial court has also observed that as per
the prosecution story and the statements of the eye-witnesses,
several other persons of other castes were also present at the
(3 of 3)
[CRLA-1210/2015]
site, however, none of them has been examined by the
prosecution. The trial court has also taken into consideration the
statement of DW.1 Govind Ram, the then Sarpanch of the Gram
Panchayat, who has also specifically stated in his statement that
several other persons of different castes viz. Vishnoi, Rebari,
Luhar etc. were present at the site, however, none of them has
stated that the accused-respondents had abused the complainant
and his family members with casteist remarks. The trial court was
of the opinion that in the absence of any witness of other caste or
any credible evidence, the prosecution has failed to prove the
charges against the accused-respondents to the effect that they
had abused Paru Devi, Bhagwana Ram and Harchand Ram with
casteist remarks.
After going through the impugned judgment, I am of
the opinion that when the prosecution has failed to prove
sufficiently that the accused-respondents had abused the
complainant party with casteist remarks or assaulted them
because they belong to SC/ST, the trial court has not committed
any illegality in acquitting the accused-respondents from the
offences punishable under sections 3(1)(x) and 3(1)(xi) of the
SC/ST Act.
Hence, there is no force in this appeal and the same is
hereby dismissed.
(VIJAY BISHNOI)J.
m.asif/PS