HUKUMAT RAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. Stay application has been filed under section 389 Crimial P.C. read with section 482 Cr.P.C against the judgment and order of conviction and sentence dated 5/6/2013 passed by the learned Special Judge, SC/ST(Prevention of Atrocities) Cases, Jaipur in Sessions Case no. 59/2008 by which he has convicted the accused appellant for the offence under Sec. 3(1) (x) of SC/ST (Prevention of Atrocities) Act and sentenced him to undergo six months Simple imprisonment with a fine of Rs. 500.00, in default of payment of fine, to further undergo 15 days' SI.

(2.) The brief facts of the case are that complainant Vijay Kumar Malhotra preferred a complaint before the learned Addl. Civil Judge (Junior Division) cum Judicial Magistrate No.7, Jaipur Metropolitan, Jaipur on 21.11.2007 against the accused appellant. On the date of filing of complaint, the complainant was posted in the office of Rajasthan Transport Department, Jaipur as Personal Assistant. Thereafter, he has been transferred from RTO Jagatpura to RTO Jhalana Dungari. It was mentioned in the complaint that the accused was inimical to him and always insulted and intimidated him with an intention to humiliate the complainant, since he is a member of scheduled caste within public purview. The complainant also informed and made a complaint in the Department, however, the authorities have failed to take any action against the accused appellant. The averments made in complaint read as under:

(3.) After that he has also submitted a report before the concerned SHO who has failed to take any action on the report submitted by the complainant therefore he has submitted a complaint before the learned Addl. Civil Judge (Junior Division) cum Judicial Magistrate No.7, Jaipur Metropolitan, Jaipur on 21.11.2007 who recorded the statement of complainant and thereafter took cognizance against the accused appellant. The case was committed to the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur. The trial court framed the charges under Sections 323 and 341 Penal Code and Sec. 3(1) (x) of SC/ST (Prevention of Atrocities) Act. The accused appellant denied the charges, pleaded not guilty and claimed trial. After framing charge, the trial court recorded the statements of 9 prosecution witnesses and the statement of the accused appellant u/s 313 Crimial P.C. The parties have amicably settled their dispute by submitting compromise and on the basis of compromise, the accused appellant has been acquitted for the offence under sections 341 and 323 Penal Code but he has been convicted and sentenced for the offence under Sections 3(1) (x) of SC/ST (Prevention of Atrocities) Act. Against the said order of conviction and sentence, the accused appellant preferred an appeal along with an application for suspension of sentence. His sentence was suspended by this court vide order dated 1/7/2013. This stay application has been moved for suspending the conviction of the appellant with the following prayer: