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2016 Supreme(Raj) 1455

SANGEET LODHA
State of Rajasthan – Appellant
Versus
Shivdan, son of Danudan – Respondent


Advocates Appeared:
For the Appearing Party : Mr. Arjun Singh Rathore

ORDER :

Mr. Sangeet Lodha, J.

This criminal leave to appeal under Section 378 (i) & (iii) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is preferred by the appellant-State of Rajasthan aggrieved by the judgment and order dated 27.10.2015 passed by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner (for short "the trial court" hereinafter) whereby, the accused-respondent has been acquitted of the charges levelled against him for the offences punishable under Section 504 IPC and Section 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC/ST Act").

2. The brief facts of the case are that a written complaint (Ex.P-1) was submitted by the complainant-Uttamaram on 4.5.10 to the Station House Officer, Police Station Panchu, District Bikaner stating that on 27.4.2010, he and one Shivdan were filling their water container from the water tank in Meghwals' Mohalla. While, standing by the side of Shivdan, the complainant's hand touched the water container of Shivdan. The accused Shivdan started abusing the complainant in the name of caste and assaulted him stating t













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