The High Court dismissed the criminal appeal challenging the dismissal of a protest petition. The Special Judge had accepted the police Final Report in an SC/ST case alleging caste-based abuse and attempted outrage of modesty.
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[2023:RJ-JD:41191]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 899/2019
Birma Devi W/o Sh. Tugna Ram, Aged About 32 Years, R/o Malaksar, Ps Bhanipura, Tehsil Sardarshahar, District Churu.
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. K.R. Saran |
|---|---|
| For Respondent(s) | : Mr. M. Trivedi, PP |
| Mr. Devendra Sanwalot |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/11/2023
Instant criminal appeal has been filed by the appellant against the order dated 09.05.2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Churu whereby the learned Judge dismissed the protest petition and accepted the FR filed by the police in FIR No. 03/2017.
Brief facts of the case are that the appellant complainant lodged a complaint before the Superintendent of Police, Churu to the effect that on 28.12.2016 when she went for medicine for her daughter, accused Hema ram tried to outraged her modesty and also abused her using caste oriented language.
[2023:RJ-JD:41191]
[CRLAS-899/2019]
(2 of 3)
The complaint was sent to concerned police station and the police registered the case being FIR No. 03/2017 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, Churu accepted the Final Report and rejected the protest petition vide order dated 09.05.2019.
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 argued that the petitioner has clearly stated that the accused respondents had threatened and humiliated the appellant using caste oriented language. Therefore, a 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.
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.
Heard the learned counsel for the parties and perused the orders impugned so also the record.
[2023:RJ-JD:41191]
[CRLAS-899/2019]
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 09.05.2019. Hence, this appeal is hereby dismissed.
(MANOJ KUMAR GARG),J
97-BJSH/-
1 issue framed by the court
Whether the Special Judge erred in accepting the Final Report filed by the police which stated no prima facie case was made out against the accused.
1 provisions across 1 enactments
Birma Devi W/o Sh. Tugna Ram
State Of Rajasthan
Hema Ram S/o Sh. Ram Chandra
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
