Criminal Misc. No.157-MA of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Cr.M.157-MA of 2011 (O&M) DATE OF DECISION : 28.7.2011 State of Haryana PETITIONER VERSUS Om Parkash and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri Sandeep Mann, Senior D.A.G. Haryana. MAHESH GROVER, J. This application for leave to appeal has been filed after a delay of 131 days. An application for condonation of delay has also been filed attributing the delay to the procedural lapses. Learned counsel for the applicant has referred to the impugned order to say that the respondents/accused have been let off under the provisions of Section 3(1) of the S.C./S.T. Act Act. On due consideration of the matter and upon a perusal of the impugned judgment, I am of the opinion that there is no legal infirmity committed by the court below. The Court has noticed a certain ambiguity regarding naming of all the persons in the complaint and has taken this as a persuasive piece of material Criminal Misc. No.157-MA of 2011 -2- to discard the complaint because the parties were residing in the same vicinity and would be known to each other. Another factor which has been taken into consideration is that Om Parkash and Attar Singh both belong to the Scheduled Caste category and thus, there is no occasion for them to insult the complainant by abusing in the name of his caste. That apart, there is no independent witness examined. All the aforesaid reasons which have been given by the learned trial Court, are sufficient to create a doubt in the mind of the Court regarding the veracity of the incident and since the complainant failed to establish the allegations set out in the complaint beyond any shadow of reasonable doubt, the learned trial Court has rightly acquitted the respondent/accused. The impugned judgment does not warrant interference. Consequently, the application for leave to appeal is declined. However, the delay in filing the appeal is condoned. (MAHESH GROVER) July 28, 2011 JUDGE GD