SONAL JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision petition has been brought challenging the charge framed against the applicant by order dated 21.1.2021.

(2.) The applicant is facing trial in Special Criminal Case No. 72 of 2020 before the Court of Special Judge under Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, Raigarh. Learned trial Court has framed charges against the applicant under Sections 294, 506B and 323 of the Indian Penal Code and Sections 3(1)(s), 3(1)(r) and 3(2)(va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act').

(3.) It is submitted by counsel for the applicant that the applicant before this Court is specifically challenging the framing of charges under Sections 3(1)(s), 3(1)(r) and 3(2)(va) of the Atrocities Act. It is further submitted that the FIR has been lodged on 1.1.2020 on the basis of the complaint given by complainant Sunita Nirala on 3.11.2019, which clearly shows that all the incidents in which the complainant was abused by her caste name and the atrocities committed were the incidents inside the house of the applicant. Therefore, nothing has happened in the public view which is a specific requirement to complete the commission of offence under Section 3(1)(r) and 3(1)(s) of the Atrocities Act. Further, there is no material present at all to frame charge against the applicant under Section 3(2)(va) of the Atrocities Act.