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2024 Supreme(Raj) 1504

MANOJ KUMAR GARG
Nainu W/o Hemaramji – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. SG Ojha
For the Respondent: Mr. Narendra Gehlot, PP with Mr. OP Choudhary, Mr. JP Chhangani

JUDGMENT :

1. Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner against the judgment dated 29.09.2004, passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali, in Sessions Case No.36/2003, whereby the learned trial court acquitted the accused-respondent No.2 from the offence under Sections 341, 354 IPC and Sections 3(i) (xi), 3(i)(x) of SC/ST Act.

2. Brief facts of the case are that on 03.10.2002, complainant Nainu submitted a report at Police Station Bali to the effect that accused-respondent No.2 entered her house and caused injuries by lathi and also abused her using caste oriented words. Upon the aforesaid report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the accused-respondent No.2 in the Court concerned.

3. The learned Special Court, SC/ST Act framed charge against the accused-respondent No.2 for offences under Sections 451, 341, 323, 354 IPC and Sections 3(1)(x), 3(1)(xi) of SC/ST Act and upon denial of guilt by the accused-respondent No.2, commenced the trial. During the course of trial, as many as nine witnesses were examined. Thereafter, statement of the

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