PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 1:

Heard both sides.

2. The present appeal is directed against the order and judgment dated 28.06.2025 passed by the learned ADJ Ist cum Special Judge SC/ST, Special Judge Children Court, Madhubani in C.R. No. 54 of 2018, T.R. No. 848 of 2022 registered under Sections 323, 379, 354(B) of the IPC and 3(1) (x) of the SC/ST (POA) Act whereby and whereunder Respondent nos. 2 to 7 have been acquitted by the Trial Court from the charges under Sections 341, 323, 504/34 of the IPC and Section 3(1)(x) of the SC/ST (POA) Act.

3. As per prosecution case, complainant was proceeding to village Loha for some urgent work and when she reached in front of the house of respondent no. 2, namely, Wakil Jha, he stopped the complainant and started abusing her. It is alleged that all the accused persons came out from their houses and reached on the road. It is further alleged that respondent no. 2 exhorted all the accused persons to assault the complaint, upon which all the accused persons started abusing the complainant by calling her caste name and assaulted her by means of fists. Thereafter, respondent no. 4, namely, Pradeep Jha tore down saree and blouse of the complaint and undressed her. It is alleged that respondent no. 3, namely, Prakash Jha snatched silver chain worth Rs. 3500/- from the neck of the complainant and upon hullah, husband of the complainant came there, then, accused persons also assaulted him and took his thumb impression on white page. It is further alleged that all the accused persons have abused, assaulted and tore down the clothes of complainant and undressed her and snatched the necklace of the complainant. It is further alleged that the occurrence took place in the presence of people with an intention to humiliate the complainant and her husband. It is alleged that after the incident, complainant went to the police station but complaint was not taken, so complainant has filed the said application.

4. On the basis of complaint petition, C.R. No. 54 of 2018 under Sections 323, 379, 354(B) of the IPC and 3(1)(x) of the SC/ST (POA) Act has been filed. The complainant of the case Nirsi Devi, W/o- Dular Chand Mochi has given SA on oath before the Court and also produced three (3) Inquiry Witnesses namely 1. Mohan Jha 2. Bhogendra Rai and 3. Dular Chand Mochi. They have supported the complainant story and learned trial court has found the prima facie case for the offences punishable u/s 341, 323, 504 of the IPC and 3(1)(x) of SC/ST Act against all the six accused persons named in the complaint petition namely 1. Wakil Jha 2. Prakash Jha 3. Pradeep Kumar 4. Neelam Devi 5. Kanti Devi 6. Khushi Devi.

5. The learned trial court has taken cognizance against above named accused persons for the offences u/s 341, 323, 354, 504/34 of the IPC and 3(1)(x) SC/ST (POA) Act and after Inquiry found prima facie case u/s 341, 323, 504 of IPC and 3(1)(x) SC/ST (POA) Act.

6. The charge has been framed against the above named accused persons for the offence punishable u/s 341, 323, 504/34 of the IPC and 3(1)(x) SC/ST (POA) Act and explained to them in simple Hindi language to which they pleaded not guilty and claimed to be tried.

7. The prosecution has relied upon following documentary evidence:-

Ext.-X :- Xerox copy of certified judgment of complaint case no. 1867 of 2012 passed by Ajay Kumar, J.M. Ist, Class, Benipatti, Madhubani.

8. The defence has not adduced any oral or documentary evidence.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MjQjNDE2NSMyMDI1IzEjTg==-7Vu8uijk--ak1--QU=

Disclaimer: Curated by HT Syndication.