An acquittal should not be disturbed unless compelling reasons exist, maintaining the presumption of innocence.

ORDER :

1. Instant criminal appeal has been filed by the appellant-complainant under section 14A of SC/ST Act against the acquittal of the accused-respondents from offence under Sections 3(1)(r) (s), 2(va) of SC/ST Act vide judgment dated 27.06.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaisalmer in Sessions Case No. 191/2017. However, the learned trial court convicted the accused-respondents for offence under Sections 341, 323 or in the alternative 323/34 IPC but extended the benefit of section 4 of Probation of Offenders Act. The accused-respondents were directed to be released on probation provided each of them furnishes personal bond and a surety bond in the sum of Rs.5000/- each, to maintain peace and good behaviour for a period of one year. They were further directed not to repeat the offence and to appear and receive the sentence whenever called upon to do so during the period of one year.

2. Brief facts of the case are that on 20.09.2017, appellant-complainant submitted a written report before Police Station Pokaran, District Jaisalmer to the effect that on 20.09.2017, at Central Bus Stand, when he was booking the tickets of a bus running between Pokaran to Phalsund under RD Charna Travels, accused-respondents came with a gas cylinder and told the appellant to keep the same in the bus. Upon refusal, the accused-respondents started abusing the complainant while using caste oriented language and also gave beating to him.

3. On this report, Police registered a case against the accused-respondents for offence under Sections 341, 323 or 323/34 IPC and Sections 3(1)(r)(s), 2(va) of SC/ST Act and started investigation.

4. After investigation, the police filed challan against the accused-respondents. Thereafter, the charges of the case were framed against the accused-respondents. They denied the charges and claimed trial.

5. During the course of trial, the prosecution examined nine witnesses and exhibited various documents. Thereafter, statement of accused-respondents were recorded under section 313 Cr.P.C.

6. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 27.06.2022 acquitted the accused-respondents from offence under Section 3(1)(r)(s), 2(va) of SC/ST Act but convicted them for offence under Sections 341, 323 or 323/34 IPC and extended benefit of section 4 of Probation of Offenders Act.

7. Hence, this criminal appeal against the acquittal of accused-respondents from offence under Sections 3(1)(r)(s), 2(va) of SC/ST Act.

8. Learned counsel for the appellant-complainant submits that the learned trial court has committed grave error in acquitting the accused-respondent from offence under Sections 3(1)(r)(s), 2(va) of SC/ST Act. It is submitted that the material witnesses have specifically mentioned that the accused-respondents had used caste oriented abusive language against the appellant but the learned trial court while passing the impugned judgment has not considered these material witnesses and other evidence in the right perspective. Therefore, it is prayed that impugned judgment to the extent of acquitting the accused-respondents from offences under Section 3(1)(r)(s), 2(va) of SC/ST Act may be set aside and the matter may be remanded back to the trial court for passing a fresh judgment. In support of his contentions, counsel has relied upon the judgment of the Hon'ble Supreme Court rendered in Joseph Stephen & Ors. v. Santhanasamy & Ors. [2022 Live Law(SC)83].

9. Heard learned counsel for the appellant and perused the evidence of the prosecution as well as defence and the judgment passed by the trial Court.

10. On perusal of the impugned judgment, it appears that the learned trial court while passing the impugned judgment has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective. All the material witnesses have turned hostile and there is no solid evidence available on record against the accu