High CourtsSingle Bench(2020) 01 RAJ CK 0061

Manju vs State, Through PP And Ors

Rajasthan High Court · Decided on 20 January 2020

HON’BLE JUDGES
Sandeep Mehta, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 65 Of 2019

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Judgment

5 paragraphs · 334 words

The instant appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act has been preferred on behalf of the appellant complainant Manju being aggrieved of the order dated 27.08.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Sri Ganganagar in connection with FR No.88/2017, whereby the negative final report submitted by the police after investigation of the FIR No.55/2017 registered at the Police Station Sadulshahar was accepted and the protest petition filed by the appellant was rejected.

I have given my thoughtful consideration to the submissions advanced at bar and gone through the material available on record.

On going through the impugned order, it is clear that for the alleged incident dated 01.10.2016, the complainant got the FIR lodged through a complaint, which was filed after a delay of almost 5 months. In the intervening period, the complainant submitted a complaint dated 21.11.2016 to the Lokayukta, Secretariat, Jaipur forwarded through the Collector, Sri Ganganagar, in which no such allegation is set out that the accused outraged her modesty. All that was alleged in this complaint is that the Assistant Forest Officer Balwant Ram was indulging in casteism and had removed the complainant from the departmental labour jobs. The trial court, while accepting the final report evaluated all this material and found that numerous independent witnesses including Sanjay, the husband of the complainant; Pawan Kumar and Rajpreet Kaur did not support the case set up by the complainant in totality. Significant contradictions were noted between the FIR and the statement of the appellant-complainant recorded under Section 164 CrPC.

In this view of the matter, I am of the firm opinion that the detailed and well-considered order dated 27.08.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Sri Ganganagar, which is assailed in this appeal, does not suffer from any illegality or infirmity whatsoever warranting interference therein. Thus, I find no merit in this appeal, which is dismissed as such.

The record be returned to the trial court.