IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Bhujrang Sai Paikara, S/o. Late Shri Bidhnath Sai Paikra – Appellant
Versus
State of Chhattisgarh through the Station House Officer – Respondent
ORDER:
Narendra Kumar Vyas, J.
The appellant has preferred this Acquittal Appeal under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 20-2-2020 (Annexure A/1) passed by the learned Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Mahasamund, District Mahasamund in Special (Atrocities) Sessions Trial No. H-11/2015 whereby the learned trial Court has acquitted the accused/respondents No.2 and 3 for commission of offence under Sections 294, 452, 388/34 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act, 1989”).
2. Case of the prosecution, in brief, is that on 27.07.2014 complainant/appellant made a written complaint (Ex. P/4) before Police Station Saraipali, District Mahasamund against respondents No.2 and 3 alleging that the complainant/appellant is working as Sub Engineer in Public Works Department and resident of village Deori, District Jashpur and his wife is also working as Teacher Panchayat. Out of their earning they have purchased 23 acres of land situated at Salhepali through registered sale deed 11-11-2011 from one Ja
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The prosecution must prove essential elements of criminal offences beyond reasonable doubt; mere abuse does not suffice for caste-based violations under the SC/ST Act.
The acquittal under the Atrocities Act requires clear intent to humiliate based on caste, and the appellate court can only overturn if there is illegality or perversity in the trial court's judgment.
The acquittal was upheld due to the prosecution's failure to establish guilt beyond reasonable doubt, emphasizing the presumption of innocence and the need for credible evidence.
An acquittal by the trial Court carries a double presumption of innocence, and the appellate court should not disturb it unless there is a manifest error or perverse conclusion.
The prosecution must prove intentional insult or intimidation based on caste to establish an offence under the Atrocity Act; mere membership of a Scheduled Caste is insufficient for conviction.
The appellate court upheld the trial court's acquittal due to insufficient evidence, confirming the double presumption of innocence for the accused.
The court established that mere allegations of caste-based insults are insufficient to invoke the SC/ST Act unless there is clear evidence of intent to humiliate based on caste and that the incident ....
In acquittal appeals, the prosecution must prove guilt beyond reasonable doubt; mere contradictions in witness testimonies do not suffice to overturn a trial court's acquittal.
An offence under the SC/ST Act requires evidence of caste-based abuse occurring in public view, which was not established in this case.
The conviction for rape under Section 376 IPC and under Section 3(1)(xii) of the SC & ST Act was not upheld due to lack of evidence; however, conviction for house trespass under Section 454 IPC was a....
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