STATE OF RAJ Vs. OM PRAKASH

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 8.3.2011, passed by the Special Judge (SC/ST Prevention of Atrocities Act), Bikaner, whereby the learned Judge has acquitted the accused respondent, Om Prakash for offences under Sections 457, 336, 452, 323 IPC & Section 3(1)(10) & 3(2)(5) SC/ST Act.

(2.) The brief facts of the case are that on 5.6.2007, Sita Ram (P.W.2), submitted a written report before the Police Station, J.N.V. Colony, Bikaner, wherein he claimed that on 3.6.2007, while he and his family members were sleeping between 1:30 to 2:00 A.M., Om Prakash jumped over the wall of the house and entered his house. When the family members heard a noise, Sita Ram asked who was there Hearing the question, Om Prakash ran away. Next day, he when confronted Om Prakash and asked him about tresspassing into his house in the dead of the night, Om Prakash lost his temper and cursed the complainant with regard to his caste. Sita Ram, further alleged that when his brother Shanker Lal (P.W.1), also asked Om Prakash about the late night incident, Om Prakash started throwing stones into the house of Sita Ram and started verbally abusing him by calling his caste name. Subsequently, he also entered their house and started assaulting Shanker Lal with fists and kicks. On the basis of this report, the Police registered a formal FIR, FIR No. 108/2007 for the aforementioned offences.

(3.) In order to support its case, the prosecution examined five witnesses, and submitted four documents.