STATE OF MADHYA PRADESH Vs. RISHIKESH MISHRA

JUDGEMENT

(1.) This appeal under Sec. 378(3) of the Code of Criminal Procedure, 1973 has been filed by the appellant/State assailing the judgment and order of acquittal dtd. 22/9/2016 passed in Special Case No.04 of 2015 (State of M.P. vs. Rishikesh Mishra and Anr.) by the learned Special Judge Panna, District-Panna (M.P.), whereby the respondents/accused have been acquitted of the offence under Ss. 457, 504, 506 (Part-II) of the Indian Penal Code and under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Briefly stated, the prosecution case is that on 26/8/2014 at about 09:00 pm, the complainant, Vimlesh Singh, was present at her government residence bearing No. F-20, Civil Line. At that time, the accused Rishikesh Mishra, son of Narendra Mishra, resident of Jaisingh Nagar, along with his brother Ranu Mishra, resident of Bajrang Nagar, arrived at the complainant's residence. It is alleged that both accused persons were under the influence of alcohol and were carrying a revolver. Acting in furtherance of their common intention, they forcibly entered the house of the complainant without permission. After entering, they began to abuse the complainant in a filthy and obscene manner. During the course of the incident, they used derogatory caste-related words such as "Godin" and "Adivasi," thereby intentionally insulting and humiliating the complainant. The accused persons also criminally intimidated the complainant by threatening to kill her and further threatened that they would have her kidnapped in broad daylight through hired persons. In addition, they attempted to physically scuffle with the complainant, creating fear and disturbance. During the incident, the accused persons forcibly snatched the complainant's mobile phone and took it into their possession. Due to this, the complainant was temporarily prevented from seeking immediate help. Approximately half an hour after the incident, upon regaining possession of his mobile phone, the complainant informed the Deputy Superintendent of Police about the occurrence. Upon receiving the information, a PCR van was immediately dispatched to the complainant's residence. The complainant also narrated the entire incident to the PCR personnel upon their arrival and thereafter, an offence vide Crime No.528 of 2014 for an offence punishable under Ss. 452, 294, 506-B/34 of the Indian Penal Code has been registered at Police Station-Civil Lines, District- Rewa (M.P.) and the accused persons were thereafter, arrested.

(3.) Upon completion of investigation and other formalities, the charge-sheet was filed before the Court of the Judicial Magistrate First Class, District Rewa. Since the offences were triable exclusively by the Court of Special Judge, the case was committed accordingly. The learned trial Court framed charges against the accused persons under Ss. 457, 504, 506 (Part-II) of the Indian Penal Code and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The respondents/accused abjured guilt and claimed to be innocent, contending that they have been falsely implicated. No evidence has been adduced by the respondents/accused in their defence.