Reserved on 27.04.2022

Delivered on 27.05.2022

Court No. - 70

Case :- CRIMINAL APPEAL No. - 5151 of 2021

Appellant :- Sharda Prasad Soni @ Sipu

Respondent :- State of U.P. and Another

Counsel for Appellant :- Rahul Kushwaha

Counsel for Respondent :- G.A.,Vijay Singh Rathore

Hon'ble Raj Beer Singh,J.

1.

Heard learned counsel for the appellant, learned counsel for

complainant, learned AGA for the State.

2.

This appeal has been preferred under Sections 14-A(1) of

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act (hereinafter referred as SC/ST Act) by the appellant

Sharda Prasad Soni @ Sipu against the summoning order dated

07.09.2021, passed by the Special Judge (SC/ST Act), Orai,

District Jalaun in S.T. No.129/2021 (State Vs. Sharda Prasad Soni

@ Sipu), crime no.417 of 2021, under Sections 504, 506 IPC and

Section 3(1) (Da) (Dha) S.C/ST Act, P.S. Kotwali Orai, District

Jalaun, whereby, appellant has been summoned for above stated

offences, and also to quash the charge sheet submitted in the

above mentioned case.

3.

As per prosecution version, the complainant / respondent No.

2 is residing at the farmhouse of one Tejram on rent. On

31.05.2021 at 10.00 PM, appellant, being in drunken condition,

came at the farmhouse and asked for water to drink liquor. The

complainant refused and asked him not to drink liquor at the

farmhouse. On this, the appellant infuriated and abused her by

using caste indicative words. When it was objected by the

complainant, he caught her and touched private parts of her body.

When husband of the complainant objected his conduct, the

appellant took out a pistol and threatened to kill them. At the same

time police of 112 number was passing from there and they

reached at spot and thereafter, the appellant accused ran away

from there.

4.

During investigation, the statement of complainant and other

witnesses were recorded. The statement of complainant under

section 164 CrPC was also recorded. After investigation, police

submitted charge-sheet for offences 504, 506 IPC and Section 3(1)

(Da) (Dha) S.C/ST Act. The court below took cognizance and

summoned the appellant for above mentioned offences vide order

dated 07.09.2021, which is being impugned in the present appeal.

5.

It has been argued by learned counsel for appellant that

impugned order is against facts and law and thus, liable to be set

aside. Learned counsel has referred the first information report and

statement of complainant, recorded under section 161 and 164

CrPC, and submitted that there are contradictions and

inconsistencies in the version of complainant. Learned counsel has

given much thrust to the argument that as per prosecution version

alleged incident took place inside the farmhouse, where

complainant was residing and thus, alleged incident did not place

in the public view and thus, no case under Section 3(1) (Da) (Dha)

of SC/ST Act is made out. It was submitted that allegations made

by complainant are thoroughly false and that there is no such

evidence that alleged incident took place in public view. Referring

to case of Hitesh Verma v. The State of Uttrakhand and another

2020 AIR (SC) 5584, it has been submitted that no case under

Section 3(1) (Da) (Dha) of SC/ST Act is made out and thus,

impugned order is liable to be set aside.

6.

Learned A.G.A and learned counsel for respondent No. 2/

complainant have opposed the appeal and argued that there are

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specific allegations against appellant that under influence of liquor,

applicant came at the farmhouse, where complainant was residing,

and demanded water from her and that when she has refused, the

appellant has abused her by saying that “Maderchor Chamariya

Teri Itnee Aukat” and he has also assaulted her. Learned counsel

for complainant has argued that alleged incident took place in

public view and that the farmhouse is generally an open place.

Ref