RAJENDRA PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 11-02-2004 J passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989'), Durg in Special Case No.111/2003. By the impugned judgment, accused/appellant Rajendra Patel has been convicted under Section 332 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year and to pay fine of Rs.2,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months.

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

(3.) Shri N.S. Dhurandhar, learned counsel for the appellant argued that the prosecution did not prove that the appellant deterred the complainant from performing his official duties. Evidence of complainant Tekram Ratre (PW-2) is not reliable and does not prove that he was deterred from performing any duty at the relevant time. The appellant has been acquitted of the other major charges, therefore, he could not be convicted under Section 332 IPC. There is material contradiction in the evidence of prosecution witnesses. Therefore, the appellant deserves to be acquitted.