Court No. - 77

Case :- CRIMINAL APPEAL No. - 2185 of 2021

Appellant :- Ram Chandra Bhurji And 2 Others

Respondent :- State Of U.P. And Another

Counsel for Appellant :- Rajesh Kumar Verma

Counsel for Respondent :- G.A.,Rahul Mishra

Hon'ble Anil Kumar Ojha,J.

Heard learned counsel for the appellants, learned AGA for the

State and perused the record.

Challenge in this appeal is the order dated 20.06.2020 passed by

Special Judge SC/ST (P.A.) Act, Fatehpur, in Special Session

Trial No. 346 of 2020 (State Vs. Ram Chandra Bhurji and

others), arising out of Case Crime No. 141 of 2018, under

Sections 323, 504 IPC and Sections 3 (1) (R) and 3 (1) (S)

SC/ST Act, P.S.- Husainganj, District- Fatehpur, whereby the

learned Special Judge SC/ST Act has taken cognizance in the

matter on the charge-sheet submitted by the concerned police.

Submission of learned counsel for the appellants is that in the

First Information Report, caste of the victim has not been

mentioned, so it cannot be said that the appellants have

intentionally insulted or intimidated with intent to humiliate. He

further submitted that the injuries are simple in nature. Hence,

the impugned order taking cognizance dated 20.06.2020 be

quashed.

Per contra, learned AGA has opposed the prayer of the

appellants and submitted that from the material available on

record, a prima facie case against the appellants is made out.

In the statement of complainant/informant Vimlesh Kumar is

inter alia, following version has been made:

" AUR KAHA KI SALI CHAMAIN NEECH JATI TERI

HIMMAT KAISE HO GAI YAHAN PANI BHARNE KI".

Smt. Aneeta Devi has also stated in her statement under

Section 161 Cr.P.C., which is as follows:-

"JAB MAINE KAHA KI YAH SARKARI HAND PUMP HAI

TAB TEENO NE MILKAR MUJHE LAT GHUNSO TATHA

LATHI DANDA SE MARA PEETA AUR KAHA KI SALI

CHAMAIN TERI HIMMAT KAISE PARI YAHAN PANI

BHARNE KI".

In the injury report of the injured Anita Devi two injuries have

been mentioned:-

1. A contused smelly size 4.0 cm x 3.0 cm over scalp distance

9.0 cm the left ear reddish in direction.

2. Abrasion size of 2.0 cm x 1.0 cm on right of nose reddish C/o

pain in abdomen but on external size injuries. Seen.

Thus, from perusal of the record it is clear that two witnesses

namely Vimlesh Kumar and Smt. Aneeta Devi, who was

injured, have supported the prosecution case in their statements

under section 161 Cr.P.C. Appellants have allegedly

intentionally insulted her by uttering her caste (Chamain).

Merely non-mentioning of caste in the First Information Report

will not vitiate the cognizance order.

In view of the above, this appeal is devoid of merit and is

dismissed in limine.

Order Date :- 15.7.2021

v.k.updh.