MUZAFFAR HASAN @ SAMMI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A First Information Report, lodged by Janki Devi, the mother of the victim, who deposed as PW1, on 18th October, 2007, resulted in filing of a charge -sheet. That having been accepted, appellant was arraigned for trial in respect of offences punishable under Sections 364 and 302 of the Indian Penal Code, and also, under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Sessions Trial No. 35 of 2007. By the judgment and order under Appeal dated 10th October, 2012, the learned Special Sessions Judge has convicted the appellant for offences punishable under Sections 364 and 302 of IPC, but acquitted him of the offence punishable under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence, this Appeal.

(2.) HEARD learned counsel for the parties.

(3.) A look at the First Information Report would show that the lodger thereof had no knowledge of the incident reported thereby and the knowledge in regard thereto was acquired by her from informations received from Nirmala Devi (PW2) and Ms. Shobha (PW3). In the First Information Report, it was alleged that the victim, PW2 and PW3 were going to attend Ram Leela, when the appellant came in a motorcycle and took the victim away. Thereafter, appellant returned to Ram Leela ground alone and held out that he has pushed the victim in Sharda canal by mistake. This incident, according to the First Information Report, took place on 17th October, 2007 and, in relation thereto, as aforesaid, the First Information Report was lodged on 18th October, 2007.