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2024 Supreme(Raj) 1231

MANOJ KUMAR GARG
Gyna Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shambhoo Singh
For the Respondents: Anita Gehlot, Rahul Rajpurohit

JUDGMENT :

Manoj Kumar Garg, J.

1. Instant criminal appeal under Section 372 Cr.P.C. has been filed by the appellants against the judgment and order dated 22.08.2013 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu in Special Case No. 8/2010 whereby, the learned trial court acquitted the accused-respondents No. 2 to 5 from offence under Sections 3(1)(x) of SC/ST Act and convicted them for offence under Section 352 IPC but instead of awarding any sentence, the trial court gave benefit of probation under section 3 of Probation of Offenders Act to the accused-respondents No. 2 to 5. A fine of Rs. 1, 500/- was also imposed upon each of the accused-respondents No. 2 to 5 under section 5 of Probation of Offenders Act.

2. Brief facts of the case are that on 14.09.2009, complainants submitted a complaint before the court of Addl. Chief Judicial Magistrate, Ratangarh to the effect that 09.08.2009 in the panchayat meeting, the accused-respondents No. 2 to 5 abused the complainants by using caste oriented abusive language and again on 10.09.2009 in a public place, the accused-respondents No. 2 to 5 abused the complainant with caste oriented words and insulted th

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