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1994 Supreme(Raj) 813

B.R.ARORA
Punjraj Singh – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This appeal is directed against the judgment dated 27-10-93, passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Case cum Sessions Judge, Balotara, by which the learned Sessions Judge convicted the appellant for the offence under Section 447 I.P.C. and granted him the benefit of Probation of Offenders Act and directed him to keep peace and be of good behaviour for a period of two years.

2. Accused-appellant Punraj Singh was tried by the learned Sessions Judge for the offences under Sections 447 and 323 I.P.C. and Sections 3(1)(x) and 3(1)(iii) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution, in support of its case, examined ten witnesses while the accused, in his defence, examined three witnesses. The learned Judge of the trial Court, after appreciation of the evidence on record, acquitted the accused-appellant of the offence under Section 323 I.P.C. as well as of the offences under Sections 3(1)(x) and 3(1)(iii) of the Act, 1989, by holding that the prosecution has failed to prove the case against the accused for those offences and convicted him for the offences under Section 447 I.P.C. While convicting the a







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