Judgment

15/02/2024 The appellant has filed the present criminal appeal being aggrieved by the judgment dt. 28.08.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand in Sessions Case No. 22/2017 whereby, the learned trial court while acquitting the respondents No.2 to 4 from the offence under Section 3(1)(s) & 3(2)(va) of SC/St (Prevention of Atrocities) Act, though convicted them for offence under Sections 341 & 323/34 IPC but granted the benefit of probation under Section 4 of Probation of Offenders Act.

Briefly, the facts of the case are that on 15.06.2017, the complainant submitted a written report before the SHO, Police Station, Kelwa to the effect that on 14.06.2017 when he alongwith his brother had gone to Bus stand for playing volley ball, at that time, the accused persons while verbally abusing his brother, told him that he can’t play with them being belonging to a lower caste. Meanwhile 5-6 other persons also came and started beating him and his brother with sticks.

On this report, the FIR was registered and the police started investigation. After investigation, the police filed challan against the respondents. Thereafter, charges