RAKESH KUMAR Vs. VINOD VERMA

JUDGEMENT

(1.) The present criminal revision arises out of the impugned judgment dated 24/12/2003 passed by Special Judge, Durg in Special Case No. 91/2003, acquitting the non-applicants No. 1 to 4/accused of the alleged offences under Sections 294, 506(B), 323 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The case of the prosecution is that on 28/04/2003 non-applicants-Deepak and Rinku came to Rakesh (P.W. 4) and Rekha Bai (P.W. 5), they abused and assaulted them and also used filthy language, which was reported to the Police on 15/05/2003 vide Exhibit-P-6. The matter was investigated and the charge sheet was filed for the aforesaid offences against the non-applicants No. 1 to 4.

(2.) Non-applicants No. 1 to 4 abjured the guilt and entered into defence stating inter alia that they have been falsely implicated in crime in question. Thereafter, they were tried for the aforesaid offences.

(3.) After due appreciation of the evidence on record, the Special Judge has acquitted the non-applicants No. 1 to 4 for the commission of aforesaid offences finding that the prosecution has failed to prove the above offences against the non-applicants No. 1 to 4. Against the judgment of acquittal, instant revision has been filed.