Court No. - 77
Case :- CRIMINAL APPEAL DEFECTIVE No. - 1351 of 2020 Appellant :- Chandravir And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Ram Neta Singh Counsel for Respondent :- G.A.,Rahul Kumar Sharma
Hon'ble Anil Kumar Ojha,J.
Office may verify about the defects and allot regular number.
Heard learned counsel for the appellants, learned counsel for the complainant, learned A.G.A. for the State and perused the records.
Appellants have preferred this appeal under Section 14A(1) of SC/ST (Prevention of Atrocities) Act, 1989 to set aside the congizance order dated 11.9.2020 passed by Additional Sessions Judge/Special Judge, SC/ST Act, Hathras and Charge Sheet No.196 of 2020 dated 27.7.2020 along with entire proceeding of Sessions Trial No. 342 of 2020 (State Vs. Chandravir and Another) arising out of Case Crime No. 163 of 2020 under Sections 323, 504, 506 I.P.C. and Section 3(2)5-Ka, Dha SC/ST Act, P.S.-Hathras Gate, District- Hathras, pending in the Court of Additional Sessions Judge/Special Judge, SC/ST Act, Hathras.
Brief facts giving rise to this present appeal are that the complainant Ravi Kumar lodged an FIR on 10.6.2020 at about 17:41 hours in Case Crime No. 163 of 2020 under Sections 147, 452, 323, 504, 506 I.P.C. and Section 3(2)(1) SC/ST Act,1989 (Sanshodhan 2015) registered at P.S.- Hathras Gate, District- Hathras against the appellants.
Police started investigation. In the investigation, statements of complainant Ravi Kumar, statement of witness Jagnnath Prasad, Kanhaiya, Hari Singh, Banwari Lal was recorded.
After investigation, police submitted charge sheet against Chandravir, Hukum Singh, Ram babu under Section 323, 504, 506 I.P.C. and 3(2)5-Ka, Dha SC/ST Act. After submission of charge sheet, Special Judge, SC/ST Act, Hathras took cognizance in the matter on 11.9.2020.
Aggrieved by the aforesaid cognizance order and submission of charge sheet, the appellants have preferred this appeal before this Court.
Learned counsel for the appellants submitted that learned Special Judge, SC/ST Act, Hathras passed cognizance order, on 11.9.2020, without considering the material available on record. Investigating Officer has not examined any independent witness of the alleged incident. The prosecution story is totally false and concocted one. Prima facie case against the appellants is not made out. Further submitted that complainant and appellants belongs to the same village. Initially the brother of complainant Kanhaiya and Chandrapal along with maternal brother of complainant namely Arvind along with two other unknown persons enticed away the daughter of appellant no.1 namely Km. Manisha on 27.5.2020. In this regard, an F.I.R. was lodged, registered as Case Crime No. 158 of 2020 under Section 376D, 506, 363, 366 I.P.C. and Section 3/4 POCSO Act, P.S., Hathras Gate, District- Hathras, against the brother of complainant Kanhaiya and Chandrapal along with maternal brother of complainant namely Arvind and two unknown persons on 4.6.2020. As a counterblast and due to enmity, the complainant create a false and fabricated story and lodged the present FIR against the appellants on 10.6.2020. The appellants have not committed the alleged offence. They have nothing to do with the same. As such allegations against the appellants are totally false and concocted one.
Per contra, learned A.G.A. and learned counsel for the complainant vehemently opposed the above submission as raised by learned counsel for the appellant and submitted that facts raised by appellants are subject matter of trial. At this stage, it cannot be determined that statement of the witnesses are unworthy of credence. Hence, appeal be dismissed.
Perusal of the record reveals that initially FIR was registered against the six persons including appellants under Sections 147, 452, 323, 504, 506 I.P.C. and Section 3(2)(1) SC/ST Act, 1989 (Sanshodhan 2015) registered at P.S.- Hathras Gate, District- Hathras.
During investigation, offences against 147/452 I.P.C. were found untrue. Hence, they were deleted against the appellants during investigation. A case against named accused persons Chandrapal S/o Jwala, Sunil @ Sushil S/o Chiranjilal and Vishamer S/o Devi Singh, were also found baseless. Hence, these three accused persons were also exonerated during investigation.
Hence, it cannot be said that investigation is tainted one.
Enmity is double edged weapon which cuts both sides. It may be cause of incident at the same time; may be the reason of false implication.
Complainant Ravi Kumar has stated in his statement recorded under Section 161 Cr.P.C. that the brother of the appellant namely Hukum Singh, Chandrapal, Ram babu, Sunil and Vishamber, all belong to Baghel caste, met each other and beaten the complainant Ravi Kumar, his father Jagnnath and his brother Kanhaiya and abused them and threatened to kill. Witness Kanhaiya stated in his statement recorded under Section 161 Cr.P.C. that appellant Chandravir along with Chandrapal, Hukum Singh, Ram Babu, Sunil and Vishamber abused him as well as complainant and beaten them by fist, kicks and sticks and said "Tum saale Dhobiyon, Tumne hi Manisha ko Bhagaya hai". Thus, witnesses have supported the prosecution case.
At this stage, it cannot be held that witnesses are unworthy of credence.
Appeal lacks merit and is liable to be dismissed. Appeal sans merit and is dismissed accordingly.
Order Date :- 30.7.2021 CS/-