RAKESH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment dated 24th August 2005 rendered in Special Sessions Case No. 4/2005 by the Special Judge (SC & ST) M.P., the appellants/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure 1973.

(2.) The facts, in short, giving rise to submitting this appeal are that on 30th October 2005, in the noon, at public hand pump in Word No. 5 at Gohad Town, accused-appellant No.1- Rakesh Gurjar, who did not belong to Scheduled Caste, made castus remarks against the complainant, who was a member of the Schedule Caste. He intentionally insulted the complainant with intent to humiliate her at the place within public view when she was fetching the water from the hand pump.

(3.) The contentions of the appellants are that the judgment under appeal is against the law and procedure and therefore same is liable to be set aside. It is submitted that the trial Judge while convicting the accused/appellants did not properly evaluate the evidence and documents as on record, hence, the conclusion arrived at without proper consideration of the factual and legal aspect deserves to be rejected at the threshold. It is submitted that the trial Judge placed reliance only on the related and biased prosecution witnesses and therefore true picture did not come on record. He submits that the evidence on record is not sufficient to constitute the offence under Section 3(1)(v) of the Act and the conviction against the accused rested merely on surmises and conjunctures since no offence is proved. On these grounds, it is prayed that by allowing the appeal, judgment under challenge may be set aside and the accused-appellants may be acquitted of the alleged offence.