The Patna High Court dismissed a criminal appeal challenging an order of acquittal. The court upheld the acquittal due to contradictions in prosecution evidence, absence of injury reports, and failure of the prosecution to establish the case beyond reasonable doubt regarding alleged caste-based assault.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CR. APP (SJ) No.399 of 2014 (5) dt.13-10-2014 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.399 of 2014
Arising Out of PS.Case No. -122 Year- 2009 Thana -HARIZAN District- BEGUSARAI ====================================================== Kameshwar Rajak, S/o Late Nokhe Rajak, R/o Village- Barauni Bhulwaria, P.S. Phulwaria, District- Begusarai. .... .... Appellant. Versus 1. The State of Bihar. 2. Sanjeet Sah, S/o Sukan Sah. 3. Rajiv Sah, S/o Sukan Sah. 4. Mukesh Sah, S/o Sukan Sah. 5. Babita Devi, W/o Sanjeet Sah. 6. Krishna Sah, S/o Sukan Sah. All are resident of Village- Barauni Bhulwaria, P.S. Phulwaria, DistrictBegusarai. .... .... Respondents. ====================================================== Appearance : For the Appellant. : Mr. Arun Kumar, Advocate. For the State : Mr. Sujeet Kr.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 13-10-2014 Heard learned counsel for the appellant and learned counsel for the State. 2. The instant appeal has been preferred against the order of acquittal passed by Shri V. N. Lal Srivastava, Additional Sessions Judge-I-cum-Special Judge, Begusarai. 3. The prosecution case as alleged that Kameshwar Rajak , the son of the informant and the victim, Pavitri Devi was sitting in darwaja outside, one Babita Devi put her ailing son in the lap of her mother and told that you are dyan and treat her son, otherwise they will kill and when his mother denied for treatment then all the accused persons abused by calling her caste name as
Patna High Court CR. APP (SJ) No.399 of 2014 (5) dt.13-10-2014 2
Dhobin and Dyan and assaulted by slaps, fists, lathi and danda. All the accused persons also assaulted Kameshwar Rajak by lathi, danda by which he got injury on his head. Three witnesses have been examined on behalf of the prosecution. Though, it is alleged that victim was assaulted causing injury on his head. However, there is no averment in the entire evidence that accused persons are members of the Scheduled Caste or not or they are not member of SC/ST, though, there is allegation of assault. In the evidence it has been asserted that victim was treated at hospital, but neither injury report has been produced nor doctor has been examined. Further there was no averment about abused and assault in full public view.
Patna High Court CR. APP (SJ) No.399 of 2014 (5) dt.13-10-2014 3
doubts regarding the reliability of the allegation made by his mother in the complaint petition.
Patna High Court CR. APP (SJ) No.399 of 2014 (5) dt.13-10-2014 4
established.
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(Gopal Prasad, J)
U T
2 issues framed by the court
Whether the appellate court should disturb the order of acquittal due to lack of corroboration and contradictory evidence in a case involving alleged SC/ST atrocities.
Whether the presumption under Section 8 of the SC/ST (Prevention of Atrocities) Act can be drawn when the alleged facts are not proved by cogent and reliable evidence.
Kameshwar Rajak
The State of Bihar
Sanjeet Sah
Rajiv Sah
Mukesh Sah
Babita Devi
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
