IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
State of Himachal Pradesh – Appellant
Versus
Sarojioni r – Respondent
| Table of Content |
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| 1. procedural background of the case. (Para 2) |
The present revision is directed against the order dated 09.05.2022, passed by the learned Special Judge, SC and ST Act, Shimla (the learned Trial Court), vide which the respondent (accused before learned Trial Court) was discharged of the commission of an offence punishable under Section 3 (1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SC and ST Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
3. Being aggrieved by the order passed by learned Special Judge, the State has filed the present revision asserting that learned Trial Court erred in holding that the accused became a member of the Scheduled Caste after her marriage. The caste of a person does not change after marriage, and a person who does not belong to the Scheduled Castes will not become a member after her marriage. The whole premise of the order is incorrect; therefore, it was prayed thatu the present petition be allowed and the order passed by the olearned Trial Court be set aside.
5. Mr. Lokender Kutlehria, learned Additional Advocate HGen
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