STATE Vs. OM PRAKASH RANA

JUDGEMENT

(1.) This criminal revision petition has been filed wherein challenge has been made to judgment dated 12.07.2013 passed by learned ASJ in sessions case No.21/2013 whereby learned ASJ has held that no offence under Section 3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (in short referred to as the SC/ST Act) is made out against the respondents and as such has discharged the respondents.

(2.) The facts relevant for the disposal of present revision petition are that on 18.07.2012, Smt. Neelam wife of Narender Kumar who is the complainant in the present case, made a complaint against the respondents/accused persons alleging therein that she is running a beauty parlour at shop no.C-54, Avantika, Rohini, Sector-1, for the past many years. Sh. O.P. Rana i.e. respondent No.1 is her landlord and respondent No.2 is his wife. On 11.7.2012 at about 6.00 PM the owner of the shop i.e. respondent no.1 O.P. Rana had locked the shutter of the shop when one customer and a female employee of the complainant were inside the shop. At that time the complainant was not there as she was unwell and was advised rest by the doctor. However, she went to police station and registered a complaint on the said date. Thereafter, the respondent no.1 Om Parkash Rana had opened the lock of the shutter and the customer and employee of complainant could come out from the shop and got the relief. It is alleged that on 12.07.2012 late night the respondents/accused persons opened the lock of the shop and in the presence of police officials, the complainant had put her lock on the shutter. Further allegations are that on 15.7.2012 at about 10 AM when the complainant went to her shop, the respondent No.1 O.P. Rana was present he did not allow the complainant to open the lock and misbehaved with her. His wife i.e. respondent no.2 was also present there. When she proceeded for lodging a report against them in the police station, both the respondents followed her and started abusing her. When she had reached near police station Vijay Vihar, both the respondents had abused her by saying "churi chamari, gatar ki paidaish". She made a call to police station by dialling 100 number. Thereupon, respondents/accused persons said "Tu chamar hai aur chamar hi rahegi, hamari tarah jaat nahi ban jayegi". As per the complainant she somehow saved herself and went to the police station. Even outside the police station they called her "churi chamari". On the basis of her report, FIR No.319/2012 under Section 3 of SC/ST Act was registered and the same was given for further action to the concerned official. During the investigation, statements of PWs were recorded. After completion of investigation, a report under Section 173 Cr.P.C. was filed against the respondents before the learned ASJ.

(3.) After supply of necessary materials to the respondents, arguments on charge were heard by the learned ASJ.