NARESH KUMAR AGARWAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the Judgment dated 25.03.2015 passed in S.T. Case No. 58 of 2013 (originally instituted as S.T. Case (SC & ST (POA) Act Case No. 02 of 2012) by the Special Judge SC & ST (Prevention of Atrocities) Act, 1989, East Sikkim at Gangtok. By the impugned Judgment, the Appellant has been convicted u/S. 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Special Act") and Sec. 353 of the IPC and sentenced to undergo SI for six months and to pay fine of Rs.3,000/- with default sentence of SI for three months and SI for six months, respectively, with the direction to run the sentences concurrently.

(2.) The facts, briefly stated, are as under: -

(3.) Mr. Ajay Rathi, learned counsel appearing on behalf of the Appellant, has firstly contended that the versions of all the eye witnesses are different on the alleged abusive/derogatory language used by the Appellant. This creates doubt on their testimonies. If the Appellant, in fact, had abused the complainant (PW-1) by using particular word in a particular manner the evidence on that account would have been identical.