STATE OF CHHATTISGARH Vs. LAXMI PRASAD RATHORE

JUDGEMENT

(1.) State as well as victim have filed separate applications seeking leave to appeal against the judgment of acquittal rendered by the trial Court acquitting the accused of the charges under Section 450 and 394 of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The accused was sent for trial on the allegations that at about 7 A.M. on 18.10.2011, he committed house trespass by entering into the house of informant Gosai Ram (PW-3) with intent to commit offence and thereafter looted a sum of Rs.50,000/- and caused simple hurt and humiliated him despite knowing that he belongs to Schedule Tribe community.

(3.) The trial Court has acquitted the accused for the reason that there is no proof that the informant who was a Postman had kept Rs.50,000/- in his house. Even if there was evidence that he had withdrawn Rs.2 Lakh from Post Office, Adbhar, a week before the incident, there is no proof that the entire amount was not disbursed towards wages of Gramin Rozgar Guarantee and that Rs.50,000/- remained to be disbursed.