MEHTA, J. - (1.) THE instant misc. petition has been filed by the petitioner complainant against the order dated 16.4.2013 passed by the learned Sessions Judge cum Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand in Sessions case No. 1/2013 titled as "State vs. Shabbir Hussain" whereby, the petitioner's application for amending his caste recorded by the trial court in his statement was rejected.
(2.) THE petitioner is the complainant in the mater. His testimony was recorded by the learned Special Judge in the aforesaid case on 20.3.2013. The material portion of the complainant's testimony, which is the bone of the contention in the misc. petition is quoted here in under: JUDGEMENT_660_RAJLW1_2014.jpg On 10.4.2013 i.e. after 20 days of his statement being recorded, the complainant petitioner moved an application before the trial Court alleging that the trial Court committed a grave error and illegality in recording the complainant's caste as "Harijan". It was mentioned by the complainant in the application that his caste was recorded as Harijan in the statement, whereas he belongs to the Scheduled Caste and as such, his caste, which was mentioned in the statement as Harijan should be suitably amended and replaced by the words 'Scheduled Caste'. It was also mentioned in the application that either the complainant's caste was deliberately mentioned as 'Harijan' or was as a result of error. Along with the application, letter issued by the Additional Inspector General of Police, Human Rights, Jaipur dated 27.4.2012 was annexed.
(3.) THE learned trial Judge observed that the complainant petitioner's caste was recorded in his statement as per the disclosure made by him on oath and thus, there was no cause or justification to alter the same. The application was accordingly rejected by the order dated 16.4.2013 against which the instant misc. petition has been filed by the petitioner complainant.;