DIPIKA GAURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374 (2) of the CrPC is directed against the judgment dtd. 6/1/1997 passed by the Court of the Special Judge, SC/ST (Prevention of Atrocities) Act, Banswara in Special Sessions Case No.61/1994, whereby the appellant was convicted under Sec. 3(1)(x) of the SC/ST Act and sentenced to undergo simple imprisonment of six months alongwith fine.

(2.) The prosecution case, in brief, is that on 31/7/1994, an altercation occurred between the appellant and Smt. Kiran, the wife of the complainant Radha Raman. It is alleged that during the said altercation the appellant used caste-based abusive words within public view. On the basis of the report, an FIR was registered, the case was investigated and charge-sheet was filed. The trial culminated in conviction as aforesaid.

(3.) The learned counsel for the appellant, while assailing the impugned judgment, has raised the following submissions:-