MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment dated 30.1.2006 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur in Sessions Case No. 24/2005 whereby the accused-respondents have been acquitted from the charge under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989.

(2.) The contention of the learned counsel for the petitioner is that the prosecution was able to prove its case, therefore, the order of acquittal passed by the learned trial Court is liable to be set aside and the accused-respondents are liable to be convicted and sentenced under Sections 341, 323 I.P.C. read with Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short, the SC/ST Act').

(3.) On the other hand, learned Public Prosecutor contends that the judgment passed by the learned trial Court is based on proper appreciation of evidence and is not liable to be set aside.