STATE OF MAHARASHTRA Vs. SURESH DATTATRAYA MOHOL

JUDGEMENT

(1.) The State is challenging the judgment and order passed by the Court of Sessions in Special Case No. 5 of 2004 whereby respondent - accused was acquitted of the offence punishable under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with the provisions of section 7(1)(d) of the Protection of Civil Rights Act, 1955 and 504, 506(2) of the Indian Penal Code.

(2.) Brief facts in a nutshell are as under:-

(3.) The case of the prosecution is that the complainant belongs to Matang Caste and that he is residing in a slum known as Bal Tarun Mandal at Kothrud. The accused Suresh, respondent herein, was residing in a house which was adjacent to the house of the complainant and, some time in the year 2001, Pune Municipal Corporation demolished some of the huts. Thereafter, accused had shifted his residence to Shila Vihar Colony. The accused, therefore, according to the prosecution, had a grudge against the complainant. On 12/01/2004, according to the prosecution, the accused came near the house of the complainant and abused him in the name of his caste and told him to vacate the suit premises, else, he would cut his hands and legs. The accused also caught hold the neck of the complainant and assaulted him with fist and blows and threatened the complainant to kill him. A complaint was lodged after a lapse of 12 days. Alongwith the complaint, complainant produced a Caste Certificate and an offence was registered by the Police and spot panchanama was prepared. Statements of witnesses were recorded and the case was committed to the District Court for trial.