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2021 Supreme(HP) 876

SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Sanjeev Kumar – Respondent


Advocate Appeared:
For the Appellant :Sudhir Bhatnagar, Desh Raj Thakur, Additional Advocates General, R.P. Singh and Narinder Thakur, Deputy Advocates General
For the Respondents:Prashant Sharma and Ajit Sharma, Advocates

ORDER :

Sandeep Sharma, J.

1. Instant Cr. Appeal under S. 378 CrPC filed on behalf of appellant-State lays challenge to judgment of acquittal dated 1.9.2018 recorded by learned Special Judge, Bilaspur, in Sessions Trial No. 4/7 of 2016 whereby accused/respondent (hereinafter, 'accused') came to be acquitted of the charges framed under Ss. 354, 323, 506 IPC and S. 3(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Case of the prosecution, in nutshell, as emerges from the record is that the prosecutrix PW-1 lodged a written complaint Ext. PW-1/A with the Police Station alleging that she belongs to the Scheduled Caste and accused belongs to a Rajput community. She alleged that whenever her family members came in front of the accused, he not only threatened them but also proclaimed "Oh Chamaro mein tumhe khatam kar dunga"" and also hurled abuses at them. Complainant also alleged that the accused criminally intimidated her minor daughter, while she was coming back from school and on 17.12.2014, at 5.45 pm, while she was going to the well for bringing water, accused caught hold of her breasts with his hands and proclaimed "Aaj mein teri ijjat loo

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