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2012 Supreme(Chh) 164

RADHE SHYAM SHARMA
RAJENDRA PATEL – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Shri N.S. Dhurandhar, Advocate, for the Appellant.
Shri Sandeep Yadav, Deputy Government Advocate, for the State/respondent.

JUDGMENT

1. This appeal is directed against judgment dated 11-02-2004 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989'), Durg in Special Case No. 111/2003. By the impugned judgment, accused/appellant Rajendra Patel has been convicted under Section 332 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 2,000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months.

2. Case of the prosecution, in brief, is as under:-

Complainant Tekram Ratre (PW-2) is Satnami by caste, which belongs to Scheduled Caste. He was posted as a Head Master in Primary School, Chicha. On 10-07-2003, at about 10:15 am, he was performing his official duty. At that time, the appellant came there and asked the complainant to admit his niece Nisha in the school who was near about 5½ years old. Complainant Tekram Ratre (PW-2) told the appellant that his niece was below 7 years of age, therefore, after completion of 7 years of age, she could be admitted in the school. The appellant pressurized the complainant to admit his niece, but the complain





















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