1 3 S.B.CRIMINAL LEAVE TO APPEAL NO.244/2007. (State of Rajasthan Vs. Abhay Singh) Date of Order :: 31st January 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. J.P.S.Choudhary, Public prosecutor. .... Having heard learned Public Prosecutor and having perused the impugned judgment and order dated 31.08.2007, this Court is satisfied that the learned Special Judge has not committed any error or illegality in acquitting the accused; and there appears no reason to extend leave to appeal in this case. The accused was charged for offences under Sections 323, 354, 327 IPC and Sections 3(1) (xi) and 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 essentially on the allegations that on 24.04.2006 at about 6.00 pm. at Khania Lambi Bhakhri (Gara), the accused assaulted the complainants Jatu Devi and Jassa Ram who belong to a Scheduled Caste while demanding money for liquor, caused simple injuries on the person of Jatu Devi and while giving her a push, caused removal of her garment (ओढन) outraging her modesty, and abused Jatu Devi and Jassa Ram in the name of their Caste. 2 After a thorough appreciation of the evidence on record, the learned Special Judge has noticed fundamental contradictions in the prosecution case. The learned Judge has referred to the statements of PW-5 Kalyan Singh, though declared hostile, that there occurred merely a dispute for the accused Abhay Singh demanding money for grit from Jassa Ram; has found exaggeration in the prosecution case as attempted by PW-4 Shaitan Singh who alleged the accused having torn the 'baniyan' of Jassa Ram though such was not the case stated by Jassa Ram or Jatu Devi; and has also referred to the admission of the PW-4 Shaitan Singh that there were pending several litigations between himself and the accused. The learned Judge has also referred to the statements of Jatu Devi who alleged the accused having given her a push and her having fallen down and her upper garment (ओढन) having fallen apart but has found such fact of the upper garment (ओढन) falling apart having not been stated in her police statement (Exhibit D/1). The learned Judge has again referred to the exaggeration attempted by PW-4 Shaitan Singh who alleged that upon the accused giving a push to the wife of Jassa Ram she fell down and all her cloths fell apart. The learned Judge has also noticed that the incident was alleged to have occurred on 24.04.2006 but the complaint in that regard was filed before the Court only on 3 20.05.2006 and has found assertion of the witness Jassa Ram of having visited police station and then Superintendent of Police but the case having not been registered and then his having filed complaint to be not of reasonable explanation towards delay; and has referred to the statement of Investigating Officer PW-1 Manoj Kumar who has, inter alia, stated in his cross-examination that no report dated 25.04.2006 was received by him nor any report was received from the office of the Superintendent of Police. In the overall comprehension of the record, the learned Judge has found that the prosecution has failed to substantiate the charges beyond reasonable doubt. The considerations adopted by the learned Special Judge do not suffer from any error and this Court is satisfied that the view taken by the learned Judge remains a possible view of the matter. Thus, there appears no reason to grant leave to appeal in this matter. The petition for leave to appeal is, therefore, rejected. (DINESH MAHESHWARI), J. s.soni