Dismissed

Rama Ram v. State of Rajasthan

Rajasthan HC22 Nov 2023CRLAS/394/2023

Case brief

AI extract

What is this about?

The High Court dismissed a criminal appeal in a prevention of atrocities case. It condoned the delay in filing the appeal under Section 5 of the Limitation Act, upholding the trial court's rejection of the protest petition after accepting the police Final Report finding no case made out.

What did the court decide?

Delay in filing appeal condoned under Section 5 of Limitation Act; criminal appeal dismissed.

Rama Ram Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JD:40126]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 394/2023

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Rama Ram S/o Shri Deva Ji, Aged About 65 Years, B/c Garasiya R/o Kaldari Tehsil Shivganj Dist. Sirohi Raj.

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----Appellant

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Versus

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State Of Rajasthan, Through Pp 2. Bhaga Ram S/o Shri Lasa Ram, R/o Devo Ka Vera Shivgang Paldi M, Sirohi Raj.

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Vaga Ram S/o Shri Chaman Ji, R/o Kaldari Paldi M, Sirohi Raj.

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----Respondents

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For Appellant(s)	: Mr. J.P. Bharadwaj
For Respondent(s)	: Mr. Gaurav Singh,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment

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22/11/2023

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The matter is listed in ‘Defect category’ as the appeal is time barred by 105 days. An application has been filed under Section 5 of Limitation Act for condonation of delay. For the reasons mentioned in the application, the application is allowed. The delay in filing the appeal is hereby condoned and matter is taken up for hearing..

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Instant criminal appeal has been filed by the appellant against the order dated 06.09.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Sirohi whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 109/2021.

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[CRLAS-394/2023]

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Brief facts of the case are that the appellant complainant filed a complaint before the court of learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi stating therein that accused Baga Ram and his accomplice Vaga Ram forcibly entered into his house and after after beating him, took away 100 kgs of maize and his motorcycle also. It was alleged that the respondents while threatening and using abusive language beat him and his wife.

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The complaint was sent to the concerned police station, upon which the police registered the case being FIR No. 109/2021 and after investigation, submitted FR that no case is made out against the accused respondents. The appellant filed a protest petition before the learned trial court. After considering the evidence collected during investigation and recording statement of witnesses, the court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi accepted the Final Report and rejected the protest petition vide order dated 06.09.2022.

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Counsel for the appellant submits that without considering the material aspect of the matter, the trial court mechanically rejected the protest petition filed by the appellant. It is argued that on the basis of statement of the complainant and witnesses recorded, a prima facie case is clearly made out against the accused respondent. It is further argued that the appellant belongs to a tribal community and is in peaceful possession of property for last 70-80 years and there was also a stay order operating in his favour. It is argued that the petitioner has clearly stated that the accused respondents had threatened the appellant using caste oriented language and stole his goods. Therefore, a

[2023:RJ-JD:40126]

[CRLAS-394/2023]

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prima facie case is made out against the accused respondents. It is argued that the investigating officer has not investigated the matter in correct perspective and therefore, it is prayed that the matter may be remanded back to the trial court for passing a fresh order in accordance with law.

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Learned Public Prosecutor supported the impugned order and submitted that the trial court has discussed each and every aspect of the matter and have rightly rejected the protest petition, which does not called for any interference.

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Heard the learned counsel for the parties and perused the orders impugned so also the record.

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It is not disputed that after thorough investigation, the police submitted a final report to the effect that no case is made out against the respondents as the appellant failed to make out a prima facie case against the respondents. Learned trial court after considering the Final report submitted by the police, rejected the protest petition on the said ground by way of a detailed order. In the opinion of this Court, no plausible ground exists for disbelieving the negative Final report filed by the police after thorough investigation. Learned court below after considering the entire material on record, has accepted the Final report filed by the police. There is no illegality or perversity in the impugned orders dated 06.09.2022. Hence, this appeal is hereby dismissed.

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(MANOJ KUMAR GARG),J

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54-BJSH/-

Rama Ram v. State of Rajasthan

Case brief

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Rama Ram v. State of Rajasthan

Case brief

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