Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2901 of 2023 Arising Out of PS. Case No.-25 Year-2017 Thana- SC/ST District- Purnia ====================================================== Rajesh Paswan son of Mohan Paswan Village- Thana Chowk Ps- K. Hat DistPurnea ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Md. Akhtar ali son of Late Safdar Ali Mohalla- thana Chowk, Ps K. Hat Dist- Purnea 3.

Husaina Khatoon wife of Md. Akhtar Ali Village- Thana Chowk Ps- K. Hat Dist- Purnea 4.

Ahmad Ali son of Md. Akhtar Ali Village- Thana Chowk Ps- K. Hat DistPurnea 5.

Shamad Ali son of Md. Akhtar Ali Village- Thana Chowk Ps- K. Hat DistPurnea ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Anand For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2024 I.A. No. 1 of 2024 The interlocutory application No. 1 of 2024 has been filed for condonation of delay of 69 days in preferring the appeal.

2. For the reasons disclosed in the interlocutory application, the delay of 69 days in preferring this appeal is condoned and accordingly, I.A. No. 1 of 2024 is allowed. Cr. Appeal (SJ) No. 2901 of 2023

3. Heard the learned counsel for the appellant as well

Patna High Court CR. APP (SJ) No.2901 of 2023(8) dt.16-05-2024 2/3 as the learned APP for the State.

4. This appeal is being filed for challenging the judgment and sentence dated 09.01.2023 passed by learned A.D.J. 1st-cum-Special Judge SC/ST, Purnea in Special SC/ST Case No. 94 of 2017 arising out of SC/ST P.S. Case No. 25 of 2017 whereby and whereunder the opposite parties/accused persons were held guilty for the offences punishable under Section 341, 323, 504, 506/34 of the IPC but at the same time also held that the prosecution has failed to prove the case against the opposite party nos. 2 to 5 under Section 3(i)(r)(s), 3(i)(g) of SC/ST Act and accordingly acquitted them.

5. Learned counsel for the appellant submits that the victim and her mother, in their depositions, stated that they were abused by the accused persons by calling their caste names but the learned court below committed illegality in not convicting the accused persons under Sections 3(i)(r)(s) and 3(i)(g) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

6. The learned court below, after discussing the evidences, did not find the case under these provisions against the accused persons and accordingly, they were acquitted. The learned court below specifically mentioned the evidence of

Patna High Court CR. APP (SJ) No.2901 of 2023(8) dt.16-05-2024 3/3 prosecution witnesses in which they did not support the version of prosecution of calling caste names.

7. The learned court below did not commit illegality in acquitting the accused persons under Sections 3(i)(r)(s) and 3(i)(g) of the SC/ST Act. Accordingly, this appeal is dismissed. (Nawneet Kumar Pandey, J) Kundan/- U T