PUSHPENDRA SINGH BHATI
State – Appellant
Versus
Ram Pratap @ Lilu – Respondent
JUDGMENT :
1. This criminal appeal has been preferred by the appellant-State against the judgment dated 11.06.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Churu (‘trial court’) in Special Case No.48/94, whereby the accused-respondents were acquitted of the charges under Sections 450, 366 & 376 IPC, and Section 3(2)(5) of the SC/ST Act as well as Section 336 IPC read with Section 3(1) of the SC/ST Act; however, the accused-respondents were convicted by the learned trial court under Sections 147, 323 and 447 IPC. However, vide the impugned judgment, looking to the custody period already undergone by accused-respondent No.1-Ram Pratap @ Lilu and accused-respondent No.2-Ramniwas, they were directed to be released, while treating their custody period, already undergone by them, as the period of sentence for their conviction.
1.1 Vide the impugned judgment, except for the accused-respondent No.1-Ram Pratap @ Lilu and accused-respondent No.2-Ramniwas, for the conviction under Section 147 IPC, fine of Rs.200/-each was imposed upon rest of the accused-respondents; for the conviction under Section 447 IPC, a fine of Rs.100/-was imposed upon each of th
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The prosecution failed to prove the case beyond reasonable doubt due to unexplained delay in FIR and contradictions in testimonies, leading to the acquittal of the accused.
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