KALLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant-complainant under Sec. 14A of SC/ST Act against the acquittal of the accused-respondents from offence under Ss. 3(1)(r) (s), 2(va) of SC/ST Act vide judgment dtd. 27/6/2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaisalmer in Sessions Case No.191/2017. However, the learned trial court convicted the accused-respondents for offence under Ss. 341, 323 or in the alternative 323/34 IPC but extended the benefit of Sec. 4 of Probation of Offenders Act. The accused-respondents were directed to be released on probation provided each of them furnishes personal bond and a surety bond in the sum of Rs.5000.00 each, to maintain peace and good behaviour for a period of one year. They were further directed not to repeat the offence and to appear and receive the sentence whenever called upon to do so during the period of one year.

(2.) Brief facts of the case are that on 20/9/2017, appellant-complainant submitted a written report before Police Station Pokaran, District Jaisalmer to the effect that on 20/9/2017, at Central Bus Stand, when he was booking the tickets of a bus running between Pokaran to Phalsund under RD Charna Travels, accused-respondents came with a gas cylinder and told the appellant to keep the same in the bus. Upon refusal, the accused-respondents started abusing the complainant while using caste oriented language and also gave beating to him.

(3.) On this report, Police registered a case against the accused-respondents for offence under Ss. 341, 323 or 323/34 IPC and Ss. 3(1)(r)(s), 2(va) of SC/ST Act and started investigation.