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RAJASTHAN HIGH COURT
Sunil Kumar Garg, J.
Trilochan Singh S/o Sajjan Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal No. 508 of 1995.
Decided On : 5-11-2001
SC/ST Act - Criminal Offence - 354 r/w 3(1)(xi), 3(1)(x) - The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Summary: The court acquitted the accused appellant of the charges for the offence under sections 341 & 323 IPC, but convicted him for the offence under section 354 IPC read with Section 3(1)(xi) and Section 3(1)(x) of the SC/ST Act. The court allowed the appeal and set aside the judgment and order of conviction based on a compromise filed by the complainant for the offence under section 354 IPC read with Section 3(1)(xi) of the SC/ST Act and acquitted the accused appellant for the offence under section 3(1)(x) of the SC/ST Act.
Fact of the Case:
The accused appellant was acquitted of charges for the offence under sections 341 & 323 IPC but convicted for the offence under section 354 IPC read with Section 3(1)(xi) and Section 3(1)(x) of the SC/ST Act. A compromise was filed by the complainant, leading to the accused appellant's acquittal for the offence under section 354 IPC read with Section 3(1)(xi) of the SC/ST Act.
Finding of the Court:
The court found that the accused appellant was entitled to acquittal for the offence under section 354 IPC read with Section 3(1)(xi) of the SC/ST Act based on the compromise filed by the complainant. Additionally, the court acquitted the accused appellant for the offence under section 3(1)(x) of the SC/ST Act on merits.
Issues: The issues involved the acquittal of the accused appellant for the offence under section 354 IPC read with Section 3(1)(xi) of the SC/ST Act based on the compromise filed by the complainant and the consideration of the accused appellant's case for the offence under section 3(1)(x) of the SC/ST Act on merits.
Ratio Decidendi: The court's decision was influenced by the compromise filed by the complainant, leading to the accused appellant's acquittal for the offence under section 354 IPC read with Section 3(1)(xi) of the SC/ST Act. Additionally, the court considered the evidence and legal provisions to acquit the accused appellant for the offence under section 3(1)(x) of the SC/ST Act on merits.
Final Decision: The appeal filed by the accused appellant was allowed, and the judgment and order of conviction were set aside. The accused appellant was acquitted of the charges for the offence under section 354 IPC read with Section 3(1)(xi) of the SC/ST Act and section 3(1)(x) of the SC/ST Act.
Six months' RI and to pay fine of Rs. 500/- in default of payment of fine, to further undergo one month SI. Six months' RI and to pay fine of Rs. 500/- in default of payment of fine, to further undergo one month SI.
Name of accused-appellant Convicted under Section Sentence awarded Trilochan Singh 354 r/w 3(1)(xi) of the SC/ST Act
3(1)(x) of the SC/ST Act
On 12.3.1995 at about 10.30 a.m., PW-1 Smt. Sarbati lodged a report Ex.P/1 with the Police Station Padampur District Sri Ganganagar stating inter-alia that she is resident of Chak 2 DD Teh. Padampur and the accused appellant, who also hailed from the same village, after satisfying his natures' call was washing his hands near Johada, where she was standing and when she uttered some words to the accused appellant, he went away from that place, but at about 11.00 a.m., he again came and abused her and he also uttered the words "Dhed & Chuhadi" to her and he also put his hands on her breasts. Upon this, PW-1 Smt. Sarbati made hue and cry and after hearing her cries, PW-2 Guljar Singh, his son Angrej Singh, PW-3 Nasibkaur and others came there and, thereafter, accused appellant ran away after abusing her.
On this report, police registered the case and chalked out regular FIR Ex. P/2 and started investigation. During investigation, the accused appellant was arrested on 14.3.1995 through arrest memo Ex.P/4. After usual investigation, police submitted challan against the accused appellant in the Court of Magistrate, from where the case was committed to the Court of Session.
On 5.7.1995, the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar framed charges for the offence u/ss. 341, 323 & 354 IPC read with Section 3(i)(xi) of the SC/ST Act and Section 3(i)(x) of the SC/ST Act against the accused appellant. The charges were read over and explained to the accused appellant. The accused appellant denied the charges and claimed trial.
During trial, the prosecution in support of its case examined as many as six witnesses and got exhibited some documents. Thereafter, statement of the accused appellant u/s. 313 Cr.P.C. was recorded. In defence, no evidence was produced by the accused appellant.
After conclusion of trial, the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar through his judgment and order dated 14.11.1995 acquitted the accused appellant of the charges for the offence u/ss. 341 & 323 IPC, but convicted the accused appellant for the offence u/ss. 354 IPC read with Section 3(i)(xi) of the SC/ST Act and Section 3(i)(x) of the SC/ST Act and sentenced him in the manner as indicated above.
Aggrieved from the said judgment and order dated 14.11.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar, this appeal has been filed by the accused appellant.
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