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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Jagdish – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 529 of 2020
Decided On : 12-12-2022
Lack of Application of Mind - Criminal Appeal - The court set aside the order framing charge under Section 3(1)(x) of the SC/ST Act, emphasizing the necessity for the trial court to apply a reasoned speaking order and show reasonable belief before putting the accused for trial.
Fact of the Case:
The criminal appeal is against the order framing charge under Section 3(1)(x) of the SC/ST Act, where the court found that the trial court did not apply the requisite application of mind and did not provide a reasoned speaking order.
Finding of the Court:
The court set aside the order and remanded the matter back to the trial court to pass a reasoned speaking order without being influenced by the previous order.
Issues: Lack of application of mind by the trial court in passing the order framing charge under Section 3(1)(x) of the SC/ST Act.
Ratio Decidendi: The necessity for the trial court to apply a reasoned speaking order and show reasonable belief before putting the accused for trial.
Final Decision: The appeal is allowed, and the order framing charge is set aside, with the matter remanded back to the trial court.
JUDGMENT
Farjand Ali, J. - Despite service, no one is present on behalf of the respondent No.2.
2. Heard learned counsel for the appellant and learned Public Prosecutor for the State.
3. This criminal appeal is directed against the order dated 6.2.2020 passed by learned Special Judge SC/ST Act (Prevention of Atrocities Cases), Sriganganagar, ("the trial court") in Sessions Case No.157/2018 framing charge against the appellant for the offence under Section 3 (1) (x) of the SC/ST Act.
4. A perusal of the order dated 6.2.2020 reflects that the requisite application of mind has not been applied in the matter by the learned trial court while passing the order framing charge. Though meticulous appreciation of evidence is not warranted at this stage, yet it is expected from the learned trial court to aver the facts necessary to show the reasonable belief of the trial court to put the accused for trial.
5. In this view of the matter, the order impugned dated 6.2.2020 passed by the trial court in Sessions Case No. 157/2018 is set aside and the matter is remanded back to the learned trial court to pass a reasoned speaking order without being influenced by this order.
6. The appeal is allowed in the above terms. Stay application also stands disposed of.
The necessity for the trial court to apply a reasoned speaking order and show reasonable belief before putting the accused for trial under Section 3(1)(x) of the SC/ST 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's decision on taking cognizance of the offence was based on the report from the police under Section 202 Cr.P.C. and the absence of further evidence.
For a charge under Section 3(2)(v)(va) of the SC/ST Act to be valid, there must be evidence that the accused knew the victim belonged to a Scheduled Caste or Tribe.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The order of taking cognizance of offences and charge-sheet on a printed proforma without the application of judicial mind is illegal and liable to be quashed.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
A prima facie case for commission of offence punishable under Section 3(1)(r) and 3(1)(s) of Act, 1989 and there is no provision of leading pre charge evidence before court of Sessions, no illegality....
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