STATE OF HIMACHAL PRADESH Vs. KALI RAM

JUDGEMENT

(1.) In Sessions Trial No.17-ST/7 of 2011, decided on 4.9.2013, the learned Special Judge acquitted the respondent for the offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 506 of the Indian Penal Code, registered in terms of FIR No.69 dated 21.7.2010, in Police Station, Rajgarh, District Sirmour, whereby the State felt aggrieved and challenged the impugned judgment in the present appeal on the ground that the learned trial Court discarded the testimony of the prosecution witnesses for untenable reasons and in absence of proof of enmity on hypothetical reasoning.

(2.) Heard and gone through the record.

(3.) PW1 Puran Chand is a Member of Scheduled Caste community and admittedly, the respondent is from an upper caste. It is alleged that on 2.3.2010, the complainant boarded the bus near village Dhaminder to reach Theog. As soon as he boarded the bus, the respondent caught hold, slapped him in public, uttering the words "Kalichar", "Dhed", "Dagi" and "Neech". After about three months he sent a complaint Ext.PW6/A in the name of Hon'ble the Chief Justice, which was ordered to be sent to the District Legal Service Authority, Shimla, for necessary action in accordance with law, who in turn sent the complaint to Superintendent of Police, Sirmour in whose jurisdiction it fell, on the basis of which FIR aforesaid was registered in Police Station, Rajgarh on 21.7.2010. After registration of the case PW6 Shri Nishchint Negi, the then SDPO, Rajgarh, started investigating the case. He recorded the statements of the complaint and other witnesses under Section 161 of the Code of Criminal Procedure and obtained the caste certificate Ext.PW5/A, which was counter-signed by the Naib Tehsildar alongwith other related documents. The respondent sought anticipatory bail from the High Court. After completing the Challan it was presented before the Court for the trial of the respondent.