RAEES Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Singh, learned counsel for the appellants, Sri Girish Tiwari, learned counsel for the respondent no. 2 and learned A.G.A. for the State.

(2.) This criminal appeal has been filed u/s 14-A(1) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, against order dtd. 1/5/2023 passed by Special Judge (SC/ST) (PA) Act, Rampur. By the impugned order, the trial court has rejected the discharge application u/s 227 Cr.P.C. filed by the appellants-accused.

(3.) It has been submitted by learned counsel for the appellants that by passing the impugned judgement and order, the trial court has committed a manifest error and has not considered the documentary and oral evidence filed with the charge-sheet and the arguments advanced on behalf of the appellants-accused. It has also been submitted that since no amount of money has been transferred in the account of appellants-accused nor any fraudulent or dishonest inducement has been made by them, therefore, offence u/s 406 or 420 I.P.C. is not made out. It has also been submitted that the appellants are illiterate persons and they had no knowledge about the caste of the informant/respondent no. 2, Smt. Geeta Katariya, therefore, no offence u/s 3(1)(r), 3(1)(s) of SC/ST (PA) Act (hereinafter referred to as the 'Act No. 33 of 1989') against them is made out. It has also been submitted that there is no medical report regarding the injury report received by respondent no. 2 or any of her companion in the occurrence. Therefore, offence u/s 323 I.P.C. is not made out.