MOTILAL AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter referred to as 'Special Act") has been filed against the order dtd. 4/5/2022 passed by Special Judge (SC/ST Act), Jashpur rejecting the application u/s 438 CrPC in connection with the Crime No. 28/2021 registered at Police Station Bagbahar District Jashpur, for the offence punishable under Ss. 294, 323, 34, 363 IPC and 3 (1)(d) 3(2)(v-a) of the Special Act.

(2.) Case of the prosecution in short is that on 11/2/2021 the complainant lodged a report to the effect that in the night when the appellant along with his friend Shatrughan and Resham was measuring the land, the complainant objected to the same, and due to which they filthily abused her in the name of caste and assaulted her also.

(3.) Counsel for the appellant submits that the appellant is innocent and has been implicated in a false case. He submits that except the offence under the Special Act, all other offences are bailable in nature. He submits that no offence under the Special Act is made out against the appellant as there was a dispute between the complainant and her brother, and the appellant was simply present there to see the measurement work, and that there was no intention of the appellant to commit any offence under the Special Act. Reliance is placed on the orders of co-ordinate Bench of this Court in CRA No. 1556 of 2021 dtd. 7/2/2022 and in CRA No. 845 of 2020 dtd. 14/1/2021.