SUKHLAL Vs. STATE

JUDGEMENT

(1.) This revision petition has been filed against the order dated 15.9.2009 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk in Sessions Case No. 17/2008 whereby, the learned trial Court has acquitted the accused respondent No. 2. Briefly stated facts of the case are that on 29.11.2007, complainant Sukhlal lodged a written report being FIR No. 149/2007 under Sec. 3(5) of the SC/ST (Prevention of Atrocities) Act and after investigation, charge-sheet was filed against the respondent No. 2. Same was committed for trial to the Court of Special Judge, Tonk. After hearing both the parties, charge under. Section 3(1)(5) of the SC/ST Act was framed against the respondent No. 2, who pleaded not guilty and claimed to be tried. The trial Court, after conducting the trial, acquitted the respondent No. 2 from the aforesaid offence vide order dated 15.9.2009. Hence, this revision petition has been preferred by he petitioner-complainant against the acquittal of respondent No. 2.

(2.) Learned counsel for the petitioner has contended that the trial Court has not appreciated the evidence in its right perspective, has not properly considered the statements of prosecution witnesses, hence order impugned dated. 15.9.209 should be set aside.

(3.) On the other hand, learned counsel appearing for the respondents as also Public Prosecutor have opposed the same and supported the impugned order passed by trial Court dated 15.9.2009, and contended that the trial Court has passed the order after due appreciation of evidence and material available on record, hence revision petition should be dismissed.