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PUSHPENDRA SINGH BHATI
Lrs Of Vagaram – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This criminal appeal has been preferred against the order dated 17.01.2017 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Court, Pali in F.R. No. 25/2014, whereby the protest petition filed by complainant (deceased Vagaram) - whose legal representatives are the present appellants - was dismissed, and the negative final report submitted by the police was accepted.
3. Learned counsel for the appellants submits that the private respondents illegally entered the property of the appellants, by breaking the wall of their residential house with the intention to dispossess them, and in doing so, also gave beating to the appellants and their family with sticks, and also outraged the modesty of the wife of Late Vagaram (complainant), and despite an F.I.R. having been registered for the offences under the SC/ST (Prevention of Atrocities) Act, the concerned Police authorities filed a negative Final Report, stating absence of
The court emphasized the importance of the police's final report and the jurisdiction of the trial court in determining the nature of the dispute under the SC/ST (Prevention of Atrocities) Act.
At the stage of framing of charges, the court is not required to conduct a meticulous appreciation of evidence, and the impugned order must not suffer from any legal infirmity to warrant interference....
The court emphasized the importance of proving guilt beyond doubt, considering inconsistencies in evidence, and the need for cogent reasoning and findings in judgments.
Inconsistencies and contradictions in the evidence cannot be used to convict and sentence a person, and the benefit of doubt must be extended to the accused.
Inconsistencies in witness statements and doubt regarding the incident can lead to the acquittal of the accused, especially under stringent provisions such as the SC/ST Act.
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