NAGESHWAR MANDAL Vs. STATE OF C.G

JUDGEMENT

(1.) THIS criminal revision is directed against the framing of charge against the applicants No. 1 to 6 by Special Judge (Atrocities), Raipur by order dated 11.1.2007 passed in Sessions Trial No. 138/2006.

(2.) BY the impugned order, charge under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act') and Section 149 of the I.P.C. was framed against applicants No. 1 to 5, while charge under Section 366, 376(1) and 506 part-II of the IPC and Section 3(1)(x) and 3(2)(v) of the Act read with Section 149 of the IPC was framed against the applicant No. 6.

(3.) ON the date of lodging FIR, two years had elapsed and non-applicant No. 2 had a son aged 1 year, who was borne out of her relationship with applicant No. 6. Despite repeated requests, applicant No. 6 did not marry non-applicant No. 2 either before a Court of law or in the Arya Samaj Mandir. The non-applicant No. 2 had again conceived from the applicant No. 6 and had pregnancy of three months which was got aborted with their consent. In the meanwhile, Sachin Mandal, brother of applicant No. 6 started making efforts to compel non-applicant No. 2 to leave applicant No. 6. Applicant No. 2 used to threaten the non-applicant No. 2 that she would not let her son i.e. the applicant No. 6 live with a low caste girl. Later, applicant No. 6 asked non-applicant No. 2 to attend the marriage of a near relative and while she had gone to attend the marriage, applicant No. 6 left the house lock, stock and barrel. Non-applicant No. 2 suspected the involvement of applicants No. 1 to 5 in separating the applicant No. 6 from her. It was further stated that the applicant No. 6 had threatened the non-applicant No. 2 that if she lodged a report against him, he would eliminate her entire family.