STATE OF H P Vs. RAMESH CHAND

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgment rendered on 26.05.2007 by the learned Special Judge, Una in Sessions Trial No. 19 of 2006, whereby, he acquitted the accused for his allegedly committing an offence punishable under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act.

(2.) The facts relevant to decide the instant case are that on 28.12.2005, an application was moved by complainant Shri Mahajan Chand along with others, namley, Meena Kumari, Rekha Kumari, Sushma Kumari, Bandna Devi, Primla Devi, Prem Lata, Phulan Devi, Subh Karam, Ranjit Singh, Rajesh Kumar, Jagat Ram, Sukh Ram, Suresh Chand, Dulo Ram and Nirmala Devi to the Superintendent of Police Hamirpur alleging therein that they belong to Scheduled Castes category. It was alleged therein that theirs girls are learning the occupation of tailoring and embroidery in the Centre Started through the Panchayat. The marriage of Kanchan daughter of Amra, who was also undergoing training in the aforesaid centre was fixed for 18.11.2005. All the girls undergoing training in the Centre were invited to the said marriage along with the teacher. The girls belonging to Scheduled castes were made to get up by the accused from the row in which the guests attending the marriage were sitting to take their meals by saying that he would not allow the girls belonging to doom and chamar scheduled castes to sit along with him in the same row. It was also alleged that earlier an application/complaint was also submitted to the Addl. S.P., Hamirpur on 21.11.2005 but no action had been taken in the matter till date. On Receipt of application Ex.PW1/A of 28.12.2005, the same was marked by the Superintendent of Police to Deputy Superintendent of Police (Headquarters) on the same day for immediate necessary action under law, who further marked the same to SHO, P.S., Sadar for registration of a case under Section 3 of the Act. Consequently, an FIR was registered in the concerned police station.

(3.) On conclusion of the investigation, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.