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2016 Supreme(All) 1780

VIJAY LAKSHMI
ZAFAR AHMAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rakesh Dubey and Manish Tandon for the Revisionists; A.G.A. for the Opposite Parties.

JUDGMENT :

1. This criminal revision has been preferred against the order dated 12.8.2016, passed by learned Additional Sessions Judge/ Special Judge (SC/ST Act), Kanpur Nagar, in SST No. 83 of 2014, State Vs. Zafar and others, arising out of Case Crime No. 283 of 2008, u/s 323, 504, 506, 452, 325 I.P.C. and 3(1)(X) SC/ST Act, whereby the discharge application of the revisionists has been rejected.

2. Heard learned counsel for the revisionists and learned A.G.A.

3. Learned counsel for the revisionists has submitted that the court below has illegally rejected the discharge application of the revisionists without considering the submissions raised by them regarding non-applicability of SC/ST Act as no finding with regard to the applicability of section 3(1)(x) SC/ST Act has been recorded by the court below. It is further submitted that the trial court while rejecting the discharge application has ignored the statements of the witnesses recorded by the I.O. in which not a single caste related word has been mentioned. Learned counsel has submitted that there is no iota of evidence on record that what specific words were used by the revisionists or what abuses were hurled by them to humili
















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