STATE OF M.P. Vs. GUDDU SINGH

JUDGEMENT

(1.) Heard the application for leave to appeal.

(2.) This is an application under section 378 (3) of the Code of Criminal Procedure, 1973 filed by the applicant/state seeking leave to file an appeal against the judgment of acquittal dated 3.12.2012 under section 3 (2) (xii) of SC/ST Act and under section 363, 366 and 376 (2) (g) of the Indian Penal Code passed by learned Special Judge under SC/ST (Prevention of Atrocities) Act in Special Case No.266 of 2004.

(3.) Admittedly , the complainant/prosecutrix (PW1) is Jatav by caste hence, belongs to the Scheduled Caste community, on the other hand, the non -applicants -accused are Yadav by caste hence, belong to the general category who were tried for the offences mentioned above and acquitted vide impugned judgment dated 3.12.2012.