VIMLABAI Vs. SHEETAL

JUDGEMENT

(1.) The present petitioner is preferred under Sec. 372 of the Coe of Criminal Procedure, 1973 being against the order dtd. 11/5/2023 passed by the learned Special Judge (Atrocities Act), District Badwani in Special Case (Atrocities) No.44/2021 whereby the respondents Sheetal, Basanti, Chhaya, Pinki, Mayuri, Mahendra @ Kalu and Anita have been acquitted from the charges under Ss. 294, 147, 452/149, 323/149, 427/149 and 506 (Part-II) of IPC and Ss. 3(1)(r), 3(1)(dha), 3(1)(dh) and Sec. 3(2)(va) of SC and ST (Atrocities) Act.

(2.) Brief facts of the case are that the complainant Vimlabail runs a shop of general store, on 10/8/2021 at about 11:00 am, when she was working in her shop, resident of Niwali, Sheetal, Basanti, Chhaya, Pinki, Mayuri, Mahendra @ kalu and Anita W/o Rameshchandra entered in her shop and started to abuse her, they throw the goods of the shop, which got broken. On being stopped by the complainant, one Chhaya Rathore caught her hair and took out from the shop. At that time, Basanti Rathore assaulted her by chappal, due to which, the complainant received injuries on back, head and face. All the respondents have scuffled with her. Pull her saari, tried to tear her blowse and all accused her by saying that she is balayati, chamarati. All respondents said that why is she demanding number of her daughter-in-law Sheetal and also said that they had only beaten her, later, they will kill her and destory her shop. Thereafter, complainant an FIR bearing Crime No. 02/2021 at Police Station Azak, Badwani.

(3.) Learned counsel for the appellant has submitted that in this case there was a CD prepared by son of victim and the same was produced before the trial Court which could not run due to scratches on CD. The CD is having evidence but it was not produced before the learned trial Court, hence, it prayer for taking on record of the CD, should be accepted by this Court as evidence under Sec. 65(B) of Evidence Act.