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MANOJ KUMAR GARG
Radha Devi W/o Gemra Ram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. Instant criminal appeal has been filed by the appellant against the order dated 24.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Barmer whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 78/2022.
2. Brief facts of the case are that the appellant complainant submitted a written complaint before the police stating therein that on 09.12.2022, when she was fetching water from water tank of her house, the accused persons and started smoking. When she refused, the accused persons got agitated and started abusing her. Upon hearing noise, when her brother in law came, the accused assaulted him and threatened to vacate the house etc.
3. On the basis of said report, FIR No. 78/2022 was registered for the offence under Sections 341, 323 & 354/143 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act was registered and after investigation, the police submitted FR that no case is made out against the accused respondent. The appellant filed a protest petition before the learned trial court. After considering the evidence collected during investigation and rec
The main legal point established is that the court will uphold the acceptance of a Final Report and rejection of a protest petition if no prima facie case is made out against the accused based on tho....
The court upheld the rejection of the complaint based on the negative final reports filed by the police and the absence of a prima facie case against the respondents.
The court upheld the final report by police stating no case was made out against the respondents, emphasizing the necessity of thorough investigation and detailed reasoning in judicial decisions.
The trial court erred in taking cognizance against the appellants due to insufficient evidence and contradictions in witness statements.
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....
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.
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