1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPEAL NO.153 OF 2010. STATE OF MAHARASHTRA VS SHRIKANT @ KHEMRAJ NANAJI ZALKE ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S. S. Doifode, APP for applicant. Coram : A.H. JOSHI, J. Date : 07th JUNE, 2010. 1. Admittedly, the offence which was registered under Section 354 of the Indian Penal Code. The investigation was completed by an Officer who is below the rank of Sub Divisional Police Officer. 2. Thereafter, Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was added. Admittedly, no fresh investigation or material investigation has been carried out by the Sub Divisional Police Officer, and he has substantially proceeded on the material collected by the Officer who has earlier conducted the investigation. 3. The finding recorded by the learned Assistant Sessions Judge, Bhandara is based on 2 material available on record. 4. The reliance by the SDPO on the investigation conducted by his subordinate does not amount to carrying out the investigation by the SDPO. 5. In the result, the present appeal against acquittal has no merit and is dismissed. Judge |mule|