STATE OF HIMACHAL PRADESH Vs. S.C.DOGRA

JUDGEMENT

(1.) Heard learned Counsel for the parties and I have also gone through the records of this case. State is aggrieved by the judgment passed by Shri D.K. Sharma, Judicial Magistrate 1st Class, Court No 3, Shimla By means of impugned judgment passed in Case No. 2 -3 of 1990, dated 13th February, 1991, the respondent has been acquitted of the offence under section 7 of the Protection of Civil Rights Act, 1955, (hereinafter referred to as the Act),

(2.) Brief facts of the prosecution case are that on 18th June, 1989 at about 2 -00 p m. Tilak Raj -complainant (PW3) was stated to be present in the Police Station East, Shimla At such point of time the respondent is stated to have caused insult on the ground of un -touchability being the member of schedule caste by appraising him as "Chamaar, Choora, Gadha, Harijan etc." On this basis a written complaint was lodged vide Ex. PW -3/A on 19th June, 1989 by the said Tilak Raj with the S.H.O. Police Station, Chhota Shimla On receipt of the written complaint, a case under section 7 of the Act came to be registered and investigation was undertaken in this case According to the complainant (PW -3), he had gone to Police Station on 18th June, 1989 when the aforesaid insult was hurled on account of un -touchability upon him as a member of schedule caste by the respondent According to the complainant, he had gone to Police Station to sort out the matter in relation to the demolition of the building by the respondent where PW -1 Dhani Ram had been a tenant as also PW -2 Bhoop Ram was sitting tenant. Complainant had been called by the police when the respondent was already sitting there. At this juncture, the aforesaid insult was caused by the respondent in the premises of Police Station itself.

(3.) After completion of the investigation, challan was put in court and the trial Court by means of impugned judgment has acquitted the respondent, which is questioned by the State in the present appeal.