1 Cr.A. No. 205/1998 HIGH COURT OF MADHYA PRADESH: JABALPUR SINGLE BENCH: HON. SHRI JUSTICE A.K. SHRIVASTAVA CRIMINAL APPEAL NO. 205/1998 ......... Appellant : Rizwan son of Ibrahim Musalman, aged 22 years, R/o Mohgaon, Tehsil Sausar, District Chhindwara. Versus ........ Respondent : State of M.P. through Police Station Sausar, Tehsil Sausar, District Chhindwara ................................................................................................ Appellant - Shri A.D.Mishra, Advocate. Respondent/State - Shri Yadvendra Dwivedi, Public Prosecutor ............................................................................................... J U D G M E N T (05/05/2011) 1. This criminal appeal has been filed at the instance of the accused who has been convicted under Section 186, 294, 353 IPC and also under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, the Act) and has been sentenced to suffer 3 months R.I. each for the offence punishable under Sections 186 and 294 IPC, one year R.I. under Section 353 IPC and one year R.I. for the offence under the Act with fine of 2 Cr.A. No. 205/1998 Rs.1000/-, in default R.I. for one month with a further stipulation that all the sentences shall run concurrently. 2. In brief, the case of the prosecution is that the complainant Mukesh, who at the relevant time was serving as a police constable and was on duty at the Bus Stand for managing the traffic, was asking the accused to remove the vehicle from the road otherwise he may be prosecuted under Section 34 of the Police Act. On this, the appellant started hurling abuses in order to insult him intentionally and to humiliate complainant being a member of Scheduled Caste. Hence report was lodged. 3. The charge sheet was filed and the accused was tried. He denied the charges. On the basis of the evidence, the learned Trial Court convicted the appellant under Sections 186, 294, 353 IPC and also under Section 3(1)(x) of the Act. 4. Hence, this appeal has been filed. 5. I have heard Shri A.D. Mishra, learned counsel for the appellant and Shri Yadvendra Dwivedi, learned Public Prosecutor for respondent/State. 6. So far as conviction of appellant under Section 3(1)(x) of the Act is concerned, it was imperative on the part of the prosecution not only to prove that complainant Mukesh is a 3 Cr.A. No. 205/1998 member of Scheduled Caste/Scheduled Tribe community and he has been intentionally insulted and humiliated being a member of that community, but, it was also imperative on the part of the prosecution to prove that appellant was not a member of Scheduled Caste or Scheduled Tribe community. 7. Since there is no evidence in this regard and complainant Mukesh (PW-4) has also not so stated that appellant is not a member of Scheduled Caste or Scheduled Tribe community, I am of the view that the appellant has been illegally convicted under Section 3(1)(x) of the Act. His conviction under this Section is hereby set aside and he is acquitted from this charge. 8. So far as the conviction under Sections 186, 294 and 353 IPC is concerned, the independent witnesses Anwar Khan (PW-1), Abdul Kahar (PW-2) and Abdul Khaliq (PW-3) have not at all supported the case of the prosecution and they were declared hostile and, therefore, in absence of any independent corroboration of the evidence of complainant Mukesh in these particular facts and circumstances of the case, since the complainant is a Constable in the Police Department and in para 3 of his 4 Cr.A. No. 205/1998 statement, it has come that earlier for two or three times, appellant altercated with the police persons and with this witness also, it will be highly unsafe to convict the appellant on the sole testimony of the complainant without independent corroboration. 9. Resultantly, this appeal succeeds and is hereby allowed. The impugned judgment of the learned Trial Court is hereby set aside and the appellant is acquitted from all the charges. Fine amount, if any deposited, be returned to the appellant. Appellant is on bail. His bond shall stand discharged. (A.K. SHRIVASTAVA) JUDGE rao 5 Cr.A. No. 205/1998 Criminal Appeal No. 205/1998 05.05.2011 Shri A.D. Mishra, learned counsel for the appellant. Shri Yadvendra Dwivedi, learned Public Prosecutor for respondent/State. He is heard. Judgment dictated. Signed and dated separately. (A.K. SHRIVASTAVA) JUDGE rao 6 Cr.A. No. 205/1998