JUDGMENT Mr. K.C. Puri, J.: - This is an appeal directed by complainant against the judgment dated 17.2.2010 passed by Sh. Vivek Bharti, Additional Sessions Judge, Jind, vide which the complaint under Sections 323, 506 read with Section 34 IPC and Section 3 (ii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter to be referred to as ‘the SC & ST Act’), was dismissed. 2. Briefly stated, the complainant filed a complaint under sections 323, 506 read with Section 34 IPC and under Section 3 (ii) (x) of the SC & ST Act, with the allegation that she is an Anganwari worker and belongs to Harijan Chamar community. Accused Sudesh delivered expired waste food articles to her and on her raising objection she used filthy language saying ‘Dedni Kamini Chamari’. Complainant told her that children would fall ill. Then accused No.2 threatened her by saying that she is bound to take this type of food, otherwise she will be suspended from the services and also said that she is bound to enter full quantity in the register. She moved the complaint to CDPO, Jind who assured that the matter will be solved in the circle meeting going to be held on 20.2.2007. Accused No.2 abused her before the CDPO by saying ‘Dedni Kamini Chamari’ why you lodged report. Both the accused gave fist and slap blows and threatened to kill her. Her husband and Rajbir, who was there, rescued her. The accused, who belong to Jat community, insulted her by abusing her in the names of her caste and creed. She moved complaint before CDPO, Jind, who did not listen her and then she moved complaint before the higher authorities but no action was taken against the accused. It is further alleged that on 5.3.2007, she was called by accused No.2 at her residence saying that she was called by P.O. at her residence and on her failure to come, her services will be terminated. Her salary of one day was deducted illegally. It is further alleged that again she was called by accused No.1 at her house for official work and accused No.2 was also present in her house. Accused No.1 said that she would teach a lesson for moving false complaint against them and gave fist and slap blows. Accused No.2 caught hold of her and she raised noise ‘Bachao – Bachao’.
Accused No.1 said that she would teach a lesson for moving false complaint against them and gave fist and slap blows. Accused No.2 caught hold of her and she raised noise ‘Bachao – Bachao’. Her husband and Sombir rescued her. The accused threatened to kill her in future. When the police failed to take any action against the accused, she filed the complaint in the Court. 3. After recording the preliminary evidence, the accused were summoned to face trial under Sections 323, 506 read with Section 34 IPC and under Section 3 (i) (x), (xi)(2) vii of the SC & ST Act. Accused appeared before the Magistrate and they were supplied relevant documents and the case was committed to the Court of Sessions. 4. Charge in respect of offence punishable under Sections 323, 506, 34 IPC and Section 3 (ii) (x) of the SC & ST Act was framed against both the accused to which they pleaded not guilty and claimed trial. 5. In order to prove its case, the complainant/prosecution examined PW-1 Rajbir, PW-2 Suresh – complainant, PW-3 Chuhriya Ram, PW-4 Sombir, PW-5 Baldev Singh and closed the prosecution evidence. 6. Statements of accused were recorded under Section 313 Cr.P.C. and all the incriminating evidence was put to them. They pleaded false implication due to enmity with the complainant. No evidence was led by the accused in their defence. 7. After appraisal of the evidence, the learned trial Court dismissed the complaint and acquitted the accused. 8. Feeling dissatisfied with the above said judgment of acquittal, the complainant-appellant has filed the present appeal. Alongwith the appeal, the application under Section 378 (4) Cr.P.C. has also been filed for grant of leave to appeal. 9. There is an application for condonation of delay of 34 days also in filing the appeal. They delay stands condoned on the grounds mentioned in the application. 10. Learned counsel for the appellant has submitted that trial Court has dismissed the complaint on the ground that there is discrepancy in the statements of witnesses. It is submitted that discrepancies are bound to occur due to passage of time. The finding of the trial Court to the effect that no insulting words against the caste of the complainant has been uttered by the accused in the public view is also wrong.
It is submitted that discrepancies are bound to occur due to passage of time. The finding of the trial Court to the effect that no insulting words against the caste of the complainant has been uttered by the accused in the public view is also wrong. Statement of the complainant read with other eye witnesses, prove the case of the complainant beyond reasonable doubt. So, prayer has been made for acceptance of the appeal after granting leave to appeal. 11. I have carefully considered the said submissions, but do not find any force in those submissions. 12. Learned trial Court has observed that in the complaint no specific instances were given. It has been further observed that the complainant has failed to prove that accused have uttered any insulting words against the caste of the complainant in the public view. So, those findings does not call for any interference. There was no medico legal report regarding the alleged injury by the accused. Learned trial Court has rightly observed that statement of witnesses does not inspire confidence of the Court. 13. So, in view of the above discussion, no ground for grant of leave to appeal is made out. Consequently, the application for grant of leave to appeal under Section 378 (4) Cr.P.C. stands dismissed. Consequently, the appeal also without any merit and the same stands dismissed. ------------