Penal Code, 1860–Secs. 323/34 & 354(a)/34 [ Corresponding Secs. 115(2)/3(5) & 75/3(5) of BNS, 2023 ]–Scheduled Castes &Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(1)(xi) r/w. Sec. 6–Framing of charge–Justification–Contradictory version of complainant in the complaint and the statements u/s. 161–His mother specifically alleged the use of gun by the accused N and caste based abuse by N & M–She stated that the appellant was not even present at the site in question–She submitted that the appellant came to the site after the entire incident had occurred–No overt act on the part of the appellant was specified–Mobile tower location of the appellant shows that he was in Jaipur on the date of incident–Even if, the entire statements and documents placed on record by the prosecution are believed to be true, as they stand, the prosecution has failed to prima facie establish the necessary ingredients for the offence in question against the appellant–He is entitled to be discharged.
