Dismissed

Roopa Ram v. State and Ors.

Rajasthan HC22 Mar 2017CRLA/514/2016

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed the criminal appeal against the conviction of respondents under the IPC. The court upheld the trial court's acquittal on charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, finding that the appellants had abused the victim using the name of his caste.

What did the court decide?

Criminal appeal dismissed; acquittal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act upheld.

Roopa Ram Vs State and Ors. — Caste Atrocities | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B.Criminal Appeal No. 514 / 2016

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Roopa Ram S/o. Rewant Ram, B/c. Gawariya, Aged 28 years, R/o. Village Dasaniya, P.S. Shergarh, District Jodhpur.

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----Appellant

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Versus

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State of Rajasthan

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Oma Ram S/o Bhera Ram,

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Magha Ram S/o Jagroopa Ram,

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Both are B/c. Jat, R/o. Nathji Ki Beri, Dasaniya, Tehsil Shergarh, District Jodhpur

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----Respondents

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For Appellant : Mr. N.A. Rajpurohit

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For Respondent No.1 : Mr. J.P. Bhardwaj - PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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22/03/2017

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The defect pointed out by the Registry of not filing index is

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minor in nature and the same is overruled.

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With the consent of learned counsel for the parties the matter is heard finally.

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This criminal appeal has been filed by the appellant being aggrieved with the order dated 08.03.2016 passed by the Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur (hereinafter referred to as the ‘trial court’) in Sessions Case No.02/2014(854/2014), whereby the trial

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(2 of 3)

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[CRLA-514/2016]

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court has acquitted the accused respondent Nos.2 and 3 for the offence punishable under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act of 1989’), however, convicted them for the offences punishable under Section 321 and 323 read with Section 34 of IPC.

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Learned counsel for the appellant has submitted that from the statements of PW-4 Roopa Ram (appellant) and PW-4 Gaina Ram, it is clear that the accused respondent Nos.2 and 3 have abused the appellant in public place by casteist remarks. Learned counsel for the appellant has, therefore, submitted that in view of the said piece of evidence, the trial court has grossly erred in acquitting the accused respondent Nos.2 and 3 for the offence punishable under Section 3(1)(X) of the Act, 1989.

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Per contra, learned Public Prosecutor has submitted that the trial court has specifically observed that both the witnesses i.e. PW-4 – Roopa Ram (appellant) and PW-1 Gaina Ram in their statements have stated that the accused respondent Nos.2 and 3 have called the appellant Gawariya and looking to this fact, it cannot be said that the accused respondent Nos.2 and 3 abused the appellant by casteist remarks.

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Having considered the facts and circumstances of the case and particularly the fact that the caste of the appellant is Gawariya and as per the allegation of the appellant against the accused respondent Nos.2 and 3, they called him Gawariya, this Court is of the opinion that the trial court has not committed any illegality in acquitting the accused respondent Nos.2 and 3 for the offences

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(3 of 3)

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[CRLA-514/2016]

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punishable under Section 3(1)(X) of the Act of 1989.

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Hence, no interference is made out.

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Accordingly, this criminal appeal is dismissed.

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(VIJAY BISHNOI)J.

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Abhishek Kumar S.No.11

Roopa Ram v. State and Ors.

Case brief

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Roopa Ram v. State and Ors.

Case brief

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