SUHAIL FASIH Vs. STATE OF U P

JUDGEMENT

(1.) This revision under section 397/401 Cr.P.C. is directed against order dated 5.8.2011 passed by Special Judge, S.C./S.T. Act, Farrukhabad in Special Sessions Trial No.44 of 2006 (State Vs. Suhail Fasih) arising out of crime no.578 of 2004 under section 354 IPC and section 3 (1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act'), P.S. Kotwali Fatehgarh, District Farrukhabad, whereby the application 8-B under section 227 Cr.P.C. claiming discharge has been rejected.

(2.) On 6.7.2004 at 6:30 p.m., a written report was submitted by the complainant Smt. Munni Devi (opposite party no.2) wife of Ram Chandra at P.S. Kotwali Fatehgarh, Farrukhabad against the revisionist stating therein that she used to work as a part time maid servant at the house of accused Suhail Fasih, District Informatics Officer situated at Officers' Colony, Fatehgarh on monthly wages of Rs.325/- per month. She was not paid any remuneration for the past five months. On 11.6.2004 at 7:00 a.m., when the complainant demanded her wages from the accused, he abused her by calling her 'Sali Dhobin' and forcibly took her inside the room and molested her by touching her breast. The complainant raised alarm. Many persons including her husband reached there.

(3.) After investigation, the police submitted final report. A protest petition was filed by the complainant. Learned Chief Judicial Magistrate, Fatehgarh vide order dated 14.12.2005 took cognizance under section 190 (1) (b) Cr.P.C. and summoned the revisionist to face trial under section 354 IPC and section 3 (1) (x) of the Act. The summoning order was challenged by the revisionist by means of an Application under section 482 Cr.P.C. No. - 2617 of 2006, which was dismissed by order dated 8.3.2006. The said order was challenged before the Apex Court by means of Special Leave to Appeal (Criminal) No.1838 of 2006, whereupon the following order was passed by the Apex Court on 1.5.2006 :