LAXMAN RAM MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision petition u/s. 397 of the Code of Criminal Procedure, 1973 (for short, "the Code") is directed against the Order dated 5. 4. 2005 passed by the Special Judge, SC/st (Prevention of Atrocities) Act Cases, Balotra (For Short, "the Trial Court"), whereby the Trial Court, on an application filed by the prosecution, arraigned the petitioners as accused and took cognizance against them and summoned them by non-bailable warrants. Aggrieved by the order impugned, the petitioners have filed the instant criminal revision petition.

(2.) I have heard learned Counsel for the parties. Perused the impugned order and the police challan papers as also the statements of as many as 12 prosecution witnesses which have been recorded till the date of passing of the impugned order.

(3.) FROM the perusal of the statement of all the material witnesses, it is clear that none of the witnesses could say as to what exact words were used by the accused while allegedly abusing the complainant. Even some of the witnesses have not stated in their statements that the complainant was at all abused by the accused. Petitioners No. 1 and 2 are also the members of Scheduled Caste. The Trial Court, without noticing the material contradictions in the statement of the witnesses examined and the various infirmities in the prosecution case, arraigned the petitioners as accused.