The sc & st prevention of atrocities) act,1989
prashant verma
(Querist) 04 October 2011
This query is : Resolved
Sir, there are few points and facts are my querries:
1)The FIR is registered by Police Head Constable;
2) The Investigation is done by ACP and later on it was transferred to another Investigating Office (I.O.) and the Second I.O. was not examined by the Prosecution Side who prepared and Filed the Chargesheet.
3) The word "Maherin" (Mahar) was uttered as alleged to the Complainant(lady)by Accused when the 4 to 5 ladies had forcefully entered alongwith the Complainant in the residence of the Accused.
4) The Complainant admitted that after incidence they went to nearby Police Station at around 10:30 a.m. stayed in Police Station and finally the complaint was lodge by the Complainant at 10.50 p.m.at night.
5)The other witnesses said that the Accused uttered 3 times the word "Maherin" to the Complainant whereas the Complainant say that the Accused only uttered once. There are several contraditions and ommissions which are already brought on record.
6)The Spot Panchnama is proved to be false as other Punchas denied the presence of Complainant when the Panchanama was prepared by I.O. The I.O. also stated that the Sketch Map was not properly prepared.
7) There are several police complaints made by the Complainant and the Accused has also made complaint witha the Police Station regarding the threatening given of indulging the Accused in false cases.
8)Sir I want to know that in this case it is nowhere mentioned in the statement/complaint that the Accused was aware of the caste of the Complainant. So whether burden would lie on the Accused to prove that he was not aware of the caste of the Complainant or it is matter of Argument?
8) This is my first Session Trial and I know there is a chance of acquittal. But I still feel because the Court also belongs to S.C. caste and have opinion that the Complainant's evidence is sufficient and reliable though at the same time other witnesses depositions are full of contradictions and ommissions.
So please, give your valuable guidence, with relevant latest case laws if possible,to me and help me to in this respect.
Sir, I am expecting your point wise answers to my querries.
Thanking you, Sir
(Adv. P.S. Verma)
prashuadvverma@gmail.com
Raj Kumar Makkad
(Expert) 04 October 2011
As your query is not in points and moreover you have raised your query only in point no. 8 so how reply can be given pointwise?
I provide a link of this site wherein a similar case was posted. You study that case and be confident to win the case in your hand:
http://www.lawyersclubindia.com/judiciary/Quash-SC-ST-Prevention-of-Atrocities-Act--2457.asp
