VIJENDER SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 19.05.2006 and 26.05.2006 respectively, wherein the appellant had been convicted under Section 3(1)(X) and Section 3(2)(VII) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the said Act") . He had been sentenced to undergo RI for a period of one year and to pay a fine of Rs. 2000/ - and in default of payment of fine to undergo SI for a period of 15 days for the offence under Section 3(2) (VII) of the Act; no separate sentence had been imposed for the second offence. Benefit of Section 428 Cr.P.C. had been granted to the appellant.

(2.) RECORD discloses that on 31.08.1994, an untoward incident had taken place. The complainant Rajender Singh (examined as PW -7) has stated that the accused Vijender Singh, working as a lift operator in the Central Board of Secondary Education (CBSE) office and being a public servant had intentionally insulted and intimidated the complainant working as a mason in the same office and was a member of a scheduled caste; the derogatory words which were used against him were "chura" and "chamar". As noted supra this incident had taken place on 31.8.1994. A complaint to the said effect was lodged on 2.9.1994. This has been proved as Mark 'X'. Thereafter on 23.08.1998, another complaint (Ex.PW 6/A) was given by the complainant pursuant to which the present FIR was registered.

(3.) STATEMENT of the accused was recorded under Section 313 Cr.P.C. He denied all these averments. No evidence was led in defence.