LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging his conviction and sentence under Section 341, 326 Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 3- 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act') by the Trial Court vide judgment/order dated 25.07.2018.

(2.) Learned counsel for the appellant has submitted that no offence under the Act could be said to have been committed by the appellant. A perusal of the statement of the complainant himself does not reveal that any offence under the Act had been committed by the appellant. Appellant has been falsely involved in this case. Independent witnesses have not supported the prosecution case. Hence, conviction of the appellant on the sole testimony of the PW-1 was liable to be set aside.

(3.) Learned state counsel has opposed the appeal and has submitted that the prosecution had been successful in proving its case.