NIRBHAY SINGH Vs. STATE OF MP

JUDGEMENT

(1.) Being aggrieved by the judgment dated 11-8-2006 passed by Special Judge (SC/ST) Prevention of Atrocities Act. Ujjain in Special Case No. 82/2005, whereby the appellant was convicted for an offence punishable under section 3(l)(x) of SC/ST Act with imprisonment of six months with fine of Rs. 500/- and under section 352 of Indian Penal Code with fine of Rs. 500 - the present appeal has been filed.

(2.) In short the case of prosecution was that on 27-9-2005 appellant abused the complainant by using the filthy language with an intention that complainant belonged to SC category. Upon the complaint of the complainant case was registered against the appellant. After framing of charge and recording of evidence, appellant was convicted as stated above, against which the present appeal has been filed.

(3.) Learned counsel for appellant argued at length and submits that appellant was convicted illegally while appellant has not committed any offence. Learned counsel submits that the learned Court below committed error in not properly appreciating the evidence which resulted incorrect judgment and is liable to be set aside in this appeal. It is submitted that the learned Court below committed error in not considering material omissions and contradictions appearing in the testimony of the prosecution witnesses. It is submitted that in view of the aforesaid facts the appeal filed by the appellant deserves to be allowed and the judgment of conviction deserves to be set aside.