RANI KAUR Vs. SNEH LATA AND ORS.

JUDGEMENT

(1.) INSTANT application has been filed under Section 378 (4 & 5) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 01.11.2014 passed by learned Sessions Judge, Faridkot whereby complaint filed by the applicant -appellant under Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC&ST Act"), as well as Sections 323/341/506 IPC has been dismissed and respondents have been acquitted of the charges levelled against them.

(2.) BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Sections 3/4 of the SC & ST Act as well as Sections 323/341/506 IPC alleging that the complainant - Rani Kaur wife of Gurjant Singh, is resident of Village Rori Kapura, Police Station Jaitu and is Mazbi Sikh by caste. Lovejot Singh @ Mangal Singh son of the complainant was studying in 5th class in the Primary School of the village, but however, last year, he could not pass the 5th Class examination. When the complainant for the continuation of studies of her son, had gone for admission of her son in the school, then Madam Sneh Lata, who was present in the school, had refused to admit her son. When the complainant had pleaded Madam Sneh Lata to do the needful, then, Gurmeet Singh, who is also resident of their village and who is also posted in Government Senior Secondary School, had also come there and he also stated to the complainant that "Churhiye Tere Munde Nu Dakhal Nahin Hon Dena Atte Eh Churha Tan Seeri Laggan De Kabal Hai, Je Churhe Parh Gaye Tan Saade Gharan Bich Seeri Kaun Laggega". The complainant had pleaded to Madam Sneh Lata that they have nothing except studies. Then, Madam Sneh Lata also, in a loud voice stated that "Kuttiye Churhiye Toon Ethon Chali Jai, Asin Tere Munde Nu Dakhal Nahin Hon Dena". Again the complainant had pleaded not to use insultive words, qua her caste, then, Madam Sneh Lata had given a push to the complainant and the complainant was turned out of the school. The entire occurrence had taken place in public view. Thereafter, the complainant had apprised her husband of the aforesaid occurrence, who along with Sukhdev Singh son of Karnail Singh, Gurjant Singh son of Chheena Singh, Boota Singh son of Gurcharan Singh and Kaku Singh son of Mohna Singh, residents of Village Rori Kapura had gone to the school. There, again Madam Sneh Lata and Master Gurmeet Singh, in the presence of the aforesaid persons, had stated that "Asin Churhian Nu Parhan Nahin Dena, Je Eh Saare Parh Gaye Taan Saade Seeri Kaun Laggega". After having felt insulted, all of them had returned home. Intimation regarding the aforesaid occurrence was given to the Police Station, Jaitu, but no action was initiated.

(3.) THE complainant, in order to prove her case, examined herself as PW1, Gurjant Singh son of Karnail Singh as PW2, Kaur Singh, Reader to Sub Divisional Magistrate, Jaitu as PW3 and Sukhdev Singh as PW4 and thereafter, closed the evidence. Thereafter, statements of the respondents -accused under Section 313 Cr.P.C. were recorded wherein they pleaded innocence and false implication.