NITESH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

(2.) The instant revision is directed against the order dated 10.11.2017 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act'), Raigarh in Case No.1 of 2016, whereby the Learned Special Judge has framed charges against the present Applicant under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 3(2)(v) of the Act.

(3.) Learned Counsel appearing for the Applicant submits that he confines his arguments only to Charge No.6 framed by the Special Judge, whereby the Special Judge has framed the said charge stating that the present accused/Applicant along with other co- accused has cheated Complainant Motiram Rathiya, who is a member of Scheduled Tribe and the said act of cheating falls within the purview of Section 420 of the Indian Penal Code, which is punishable with imprisonment for a term of 10 years or more and thus, the present Applicant has also committed the offence under Section 3(2)(v) of the Act. He further submits that the offence under Section 420 of the Indian Penal Code is punishable with imprisonment for a term of maximum 7 years not for a term of 10 years or more. Therefore, charge under Section 3(2)(v) of the Act, prima facie, is not made out against the present Applicant.