Back
FARJAND ALI
Banwari Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Farjand Ali, J.
The appellants have preferred the instant criminal appeal under Section 3 74 of the CrPC being aggrieved of the judgement dated 27.08.1994 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act CAses, Sri Ganganagar in Regular Criminal Case No.8/1994, whereby appellant Banwari Lal has been convicted for the offences under Sections 4 52 and 323 of the IPC and appellant Makhan Singh has been convicted for the offence under Section 4 52 of the IPC and they were released on probation under section 4(1) of the Probation of Offenders Act upon furnishing a personal bond in the sum of Rs.3, 000/- along with a surety in the like amount. Each of the appellant was further ordered to deposit a sum of Rs.500/- as prosecution expenses and appellant Banwari Lal was ordered to deposit a sum of Rs.1000/- as compensation to be provided to the complainant.
2. Brief facts relevant and essential for disposal of the instant appeal are that on 02.10.1991 Smt. Uda Devi and Smt. Sugna Devi submitted a report (Ex.P/2) to the SHO, Police Station Raisinghnagar, wherein it was stated that on 01.10.1991 in the night at about 10.00-10.30
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
The court determined that the mens rea required under the SC/ST Act was not established due to lack of evidence proving caste-based intent in the alleged trespass, resulting in annulment of convictio....
A conviction under the SC/ST Act requires conclusive proof of intentional insult based on caste; mere verbal disputes over monetary issues do not fulfill this requirement.
The necessity of independent and impartial witnesses in cases under the SC/ST (Prevention of Atrocities) Act to substantiate claims of public humiliation and intimidation.
Court emphasized the need for consistent witness testimonies to sustain convictions under SC/ST Act and recognized the importance of specific attribution of actions to the accused in assault cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
