DEHRADUN: A district judge in Uttarkashi has sentenced five men to 25 days in jail and fined them Rs 1,000 each for assaulting a Dalit youth who entered a temple in Bainol village in Mori area of Uttarkashi earlier this year. The court considered the incident “a petty offence”, and ruled that the case under IPC section 323 (voluntarily causing hurt) and the SC/ST Act “was not proven beyond reasonable doubt.”
According to the prosecution lawyer, Ayush, 23 (who uses his first name only), was beaten up and held captive overnight by five men—Jagveer Singh, Ishvar Singh, Bhagvan Singh, Chain Singh and Ashish—when he visited the temple around 8pm. Ayush said he was thrown onto burning wood at the havan site in the temple before he escaped and reached home. Six witnesses were presented in court by the prosecution. The defence produced the temple’s watchman, Ram Dyal, who testified that “Ayush jumped on the ashes of the havan kund and pushed me when I tried to intervene, causing a head injury.” Dyal said Ayush then locked himself inside the temple’s sanctum sanctorum. Later, Ayush’s family arrived, but his father refused to persuade him to come out. Ayush fled early in the morning by leaping over the boundary wall.
Priest Rajendra Singh said that there was no physical or caste-based assault on Ayush. After reviewing arguments and medical reports, the court determined that Ayush was indeed assaulted but the case did not warrant the accused being tried under the SC/ST Act.
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Courtesy : TOI
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