MITHILESH KUMAR SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) Learned counsel for the appellants has submitted that it was a case of free fight between both the sides being neighbours over a minor dispute of drainage. Offence under S.C. and S.T. Act will not be made out, as the incidence did not take place in public view and further there was material contradiction in the statement of the witnesses regarding the words used in calling the Complainant by his caste name. It is alleged that they had threatened to set on fire the house of the complainant, but there is no evidence of act of arson.

(3.) Furthermore, the offence under Sec. 354 IPC will also not be made out as there is nothing on record to suggest that there was intention to outrage the modesty of the complainant. The fact of the case is about house trespass and assaulting altogether by 7 persons conjointly in which four persons were females. Therefore, the question of outraging the modesty did not arise.