The benefit of doubt should be given to the accused if any doubt is created in the case, and evidence of criminal acts must be proved beyond doubt.

N.K. Gupta, J.

1. The appellants have preferred the present appeal being aggrieved with the judgment dated 4.10.2002 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, Seoni in Special Case No. 17 of 2002 whereby, they have been convicted of offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred to as the 'Special Act') and Section 506 of I.P.C. and sentenced to six months rigorous imprisonment with fine of Rs. 100/- and three months rigorous imprisonment. Default sentence was also passed and both the sentences have to run concurrently.

2. The prosecution's story in short is that on 2.12.2001 at about 5.30 p.m. the complainant Ramlal Dhurve (PW1) who, was Secretary of Gram Panchayat, Pondi was busy in program of Pulse Polio. When he was coming back after the program then at Durga Chowk, Pondi (Police Station Kindrai, District Seoni) the appellant Basant Yadav restrained him and both the appellants abused him with words relating to his caste. The appellants have also assaulted the victim Ramlal and scuffled with him. They also gave a threat to kill him in future.

Ramlal had lodged an FIR Ex. P/1 at Police Station, Kindrai on 4.12.2001. After due investigation a charge sheet was filed before the Additional Chief Judicial Magistrate, Lakhanadon who, committed the case to the Special Judge, Lakhanadon.

3. The appellants abjured their guilt. They did not take any specific plea but, they have stated that they have been falsely implicated in the matter. In defence Ramprasad (DW1) was examined as a witness.

4. The Special Judge after considering the evidence adduced by the parties convicted and sentenced the appellants as mentioned above.

5. I have heard the learned counsel for the parties.

6. The learned counsel for the appellants has submitted that prosecution has not proved the caste of the complainant beyond doubt. A certificate Ex. P/2 given by the Sarpanch and on the basis of that certificate, Tahsildar Shiv Govind Markam (PW5) has issued a certificate Ex. P/3 without observing the formalities. If the caste certificate is issued by the Tahsildar then there must be a case number mentioned on the certificate which was not given by the Tahsildar on the certificate Ex. P/3. Tahsildar Shiv Govind Markam has accepted that no case number has been shown on the certificate Ex. P/3. He issued the certificate on the basis of the certificate given by the Sarpanch. The contention advanced by the learned counsel for the appellants can be accepted that the Sarpanch was not an authority to issue a caste certificate and it was for the Tahsildar to issue a certificate after due enquiry. The Sarpanch who had common grievance against the appellants as of Secretary Ramlal and he could issue a certificate without any basis. Hence the certificate issued by the Tahsildar Shiv Govind Markam does not prove the caste of the complainant positively.

7. The complainant Ramlal (PW1) has stated that the appellant Basant abused him with words relating to his caste and therefore, he held his neck and tried to strangulate his neck. Eye witnesses Ramkumar (PW2), Gyani Das (PW3), Hiralal (PW4), Uma Prasad (PW7) and Prabhu Singh (PW9) have turned hostile. Nobody corroborated the testimony of the complainant Ramlal. Ramlal had lodged an FIR Ex. P/1 with delay of two days. No acceptable reason could be shown by the complainant as to why he had lodged an FIR with delay of two days. He could give the FIR to the Sarpanch concerned and it could be forwarded by him to the Police. However, Sarpanch Khemlal (PW6) did not accept that any FIR was given by the complainant to him or he kept it pending without forwarding it. Consequently, if the complainant was interested to lodge an FIR directly then he could lodge the FIR on the same day or at the most on the next day in the morning. He immediately reached to the Sarpanch to tell him about the incident then it cannot be said that he had any fear from