MAHESH KUMAR JATAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned A.G.A. and perused the record.

(2.) The present appeal has been filed by the first informant appellant against the order dated 9.5.2012 passed by Special Judge, S.C./S.T. Act, District Ghaziabad in S.S.T. No.80 of 2002, Case Crime No.09 of 1997, P.S. Niwadi, District Ghaziabad, acquitting the accused respondent from the charges under Sections 323, 504 I.P.C. and 3(1)(x) of S.C./S.T. Act.

(3.) Learned counsel for the appellant contends that it was proved from the evidence on record that on 16.2.1997 the mother of appellant went to the house of accused-respondent no.2 for getting Rs.5,500.00 which were borrowed by accused respondent and when his mother demanded the amount at the house of accused-respondent, he abused her with the caste name and committed mar-peet; that it was proved from the evidence on record that the incident in question did take place as per averments made in F.I.R.; that learned trial court has acted wrongly in disbelieving the prosecution evidence merely on the ground of one week delay in lodging of F.I.R.; that the appellant is a poor person and the delay in lodging the F.I.R. was not intentional; that the prosecution case was corroborated by the statement of first informant, who supported the version made by victim, his mother.