RAJNISH DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision against order dated 19 -6 - 2003 passed by Sri Surendra Vikram Singh Rathore, Special Judge, (S.C./S.T. Act) Jhansi framing charge against the revisionist under Section 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) in Session Trial No. 39 of 2003.

(2.) THE facts relevant for disposal of this revision are that on 8 -1 -2003 Arvind Kumar lodged F.I.R. at police station Prem Nagar, Jhansi with these allegations that his sister Smt. Avlesh was employed in Nehru Yuva Kendra, Jhansi. Accused Rajnish Dwivedi was also employed there. About one month ago Rajnish Dwivedi committed indecent assault upon Smt. Avlesh and she had slapped him at that time and had also made a complaint to the incharge, Nehru Yuva Kendra, and so Rajnish Dwivedi felt aggrieved with Smt. Avlesh and her husband Sachin Kumar Srivas.

(3.) THIS report was lodged at 0.10 a.m. on 8 -1 -2003 and on the basis of the same, a case under Section 307 I.P.C. was registered against accused persons. Sachin Kumar died thereafter and so charge under Section 302 I.P.C. was also added in this case. After investigation charge -sheet was submitted against Rajnish Dwivedi, Sahban Ali alias Chhotu and Santosh Kumar under Sections 302, 307 I.P.C. and Section 3(2)(v) of the S.C./S.T. Act. The case was committed to the Court of Sessions from where it was transferred to the Court of the Special Judge, S.C./S.T. Act for trial who framed charge against accused Rajnish Dwivedi under Sections 302, 307 I.P.C. and Section 3(2)(v) of the said Act.