MADANLAL JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 4-11-2004 passed by Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth "the Act, 1989"), Ambikapur (Surguja) in Special Case No. 107/2003. By the impugned judgment, accused/appellant Madanlal Jaiswal has been convicted under Section 3(1 )(x) of the Act, 1989 and sentenced to undergo rigorous imprisonment for 6 months and to pay fine of Rs.500/-, in default of payment of fine, to further undergo simple imprisonment for 1 month.

(2.) Case of the prosecution, in brief, is as under:

(3.) Ms. Hamida Siddique and Shri B.P.Banjare, learned counsel for the appellant argued that there is no evidence on record to show that Ramvriksha Ram (PW-1) belongs to Scheduled Caste. The prosecution utterly failed to prove the caste of Ramvriksha Ram (PW-1). The caste certificate produced by the prosecution is issued by Sarpanch who is not a competent authority therefor. Therefore, the prosecution has not been able to prove the caste of Ramvriksha Ram (PW-1). Nothing was done with intention and knowledge that Ramvriksha Ram (PW-1) belongs to Scheduled Caste. There is absolutely no evidence which shows that the alleged act was done by the appellant simply because Ramvriksha Ram (PW-1) belongs to Scheduled Caste. Learned counsel further argued that the appellant has been falsely implicated. The FIR was lodged at belated stage and the delay has not been properly explained by the prosecution. Therefore, the appellant deserves to be acquitted. Learned counsel placed reliance on Khamhan and others vs. State of M.P., 2012 1 CgLJ 48, Milauram vs. State of M.P.,2011 3 CgLJ 426 and Mafidar vs. State of M.P., 2011 2 CgLJ 212.