STATE OF RAJASTHAN Vs. NAVAL KISHORE

JUDGEMENT

(1.) The State of Rajasthan has preferred this Appeal against the Judgment and Order dated 7.7.1995 passed by the Special Judge Scheduled Castes and Scheduled Tribes Cases, Baran in Sessions Case No. 185/94 by which he acquitted the accused respondent from the offence under Sec. 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989.

(2.) The brief facts of the case are that complainant Premchand has filed a complaint before the Special Judicial Magistrate (Mobile) Cases Atru, District Baran in which he has stated that before two years from today (7.1.92), he - has given Rs. 3,000.00 to the accused respondent whenever he has demanded. Before one month, when he went from Pratapji Nagar for taking money from the accused, accused abused him and told following words "madarchod chamatte ke kahe ke paisa hain." He has filed the complaint before the Magistrate. The Magistrate has recorded the statement of the complainant Prem Chand under section 200 Cr.PC. and he has also recorded the statements of Manak Chand, Rifi Lal and Om Prakash on 18.7.1992 under section 202 Crimial P.C. The Magistrate has found the prima facie case under section 3 of the Scheduled Castes and the Scheduled Tribes Act (Prevention of Atrocities) Act, 1989 and while taking the cognizance issued the - non-bailable warrant against the accused respondent and committed the case to the court of Special Judge, SC/ST (POA), Baran.

(3.) Learned Special Judge, SC/ST Court has framed the charge against the accused respondent for the offence under section 3 (i) (x) of the Act, 1989 and the same was explained and read over to the accused respondent. He denied for the same and demanded for the trial.