(1.) THIS is a petition filed under Section 378(3) of the Code of Criminal Procedure, 1973, seeking grant of leave to appeal against the impugned judgment of acquittal dated 22.05.2013, passed by learned Special Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 54 -ST/7 of 2011, under the provisions of Section 3(x) and (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The complainant Smt. Deepo Devi (PW.5) lodged an FIR dated 09.07.2010 (Ex. PW.5/B) against the accused at Police Station, Shillai. According to the complainant, while she was feeding her cattle, accused assaulted her; outraged her modesty but also committed obscene acts. When she raised alarm, witnesses Reena (PW.6) and Masto (PW.7) arrived at the spot. She was rescued from the clutches of the accused by these ladies. Matter was reported to the police. With the completion of investigation, challan was presented in the Court for trial.
(2.) ACCUSED was charged for having committed offences punishable under the provisions of Sections 3(x) and (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act), to which he did not plead guilty and claimed trial.
(3.) SIGNIFICANTLY witnesses Reena (PW.6) and Masto (PW.7), who arrived at the spot, have not supported the prosecution at all. They were declared hostile and despite extensive cross examination, nothing fruitful could be elicited from their testimonies. Complainant Deepo Devi (PW.5) admits that her son had allowed the goats and cattle to enter into the land belonging to the accused, as a result of which quarrel took place. According to the complainant, accused slapped her son. She also admits that when she went to lodge a complaint with the police at Shillai, on consultation, she was advised that no case under the Act was made out. She was advised to file a case for assault. In view the above, findings returned by the learned trial Court, could not be said to be perverse, illegal, erroneous and as such there is no reason to interfere and grant leave to appeal. As such, present petition devoid of any merit, is dismissed.