- (1.) U. S. Tripathi, J. This criminal revision has been preferred against the judgment and order of acquittal dated 23-4-2001 passed by Sri S. M. Sharma, Special Judge, SC & ST Act, Kanpur Nagar acquit ting the opposite parties Nos. 2 and 3 from the charges under Section 323 IPC and Section 3 (l) (x) SC & ST (Prevention of Atrocities) Act.
(2.) HEARD learned Counsel for the ap plicant and learned AG A and perused the record. The applicant Ramdeen who is a member of a scheduled caste lodged report on 7-2-1994 at P. S. Kalyanpur, district Kanpur Nagar against the opposite parties Nos. 2 and 3 who were officers of a bank with the allegation that he had applied for loan of Rs. 50,000 and opposite parties Nos. 2 and 3 demanded 10% commission which he refused to pay. Therefore, they avoided payment under the pretext of non-receipt of budget. He filed complaint to this effect to the Government and high officers and the matter was being enquired into by the police. On 27-9-1993 at about 9. 00 a. m. the ap plicant had gone to Kalyanpur and when he reached in front of Common Doll School the opposite parties No. 2 and 3 pressuriseded him to withdraw the complaint against them and on his refusal they caused injuries to him with intent to humiliate knowing that he was amember of S. C. The matter was investigated and police submitted charge-sheet against the opposite parties Nos. 2 and 3 under Sec tion 323 IPC and Section 3 (l) (x) SC & ST (Prevention of Atrocities) Act.
(3.) THE defence version was that the ap-plicanthad previously takenloan from the Bank of opposite parties Nos. 2 and 3 and had not paid the loan. THE previous loan was outstanding and therefore, they did not recommend fresh loan due to which applicant was annoyed and initiated a false case. During trial the prosecution ex amined Ramdeen (PW-1), Sipahi Lal (PW-2) and Jaggnath (PW-3 ).;