JUDGMENT :

Mehta, J.

1. Leave granted.

2. The accused appellant has assailed the order dated 21st March, 2023 passed by the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No. 1088 of 2002 whereby the joint application filed by the appellant and the complainant of the case under Section 320 of Code of Criminal Procedure, 1973(hereinafter being referred to as ‘CrPC’) was disallowed to the extent of the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989(hereinafter being referred to as the ‘SC/ST Act’).

3. Vide judgment dated 30th September, 2002 passed by Special Judge, Scheduled Castes/Scheduled Tribes(Prevention of Atrocities) Act, 1989 Bilaspur, C.G. in Special Sessions Trial No. 115/2001, the accused appellant was convicted for offences punishable under Sections 451, 354 of Indian Penal Code, 1860(hereinafter being referred to as ‘IPC’) and Section 3(1)(xi) of the SC/ST Act. He was sentenced to undergo simple imprisonment of one year and fine.

4. The accused appellant challenged the said judgment by filing Criminal Appeal No. 1088/2002 in the High Court of Chhattisgarh. During the pendency of the appeal b