Dear sir, A complaint was lodged against me under sc&st act u/s 3(1)x in the year 2013 .complaint was after delay of 3 days ,but police in their f.i.r mentioned there was no delay ,and chargesheet was filed before magistrate for comital.In the complaint no where she mentioned she knew me or vice versa and she acquainted with me ,and not stated that i intentinally insulted her on her cast ,hence kindly clarifie about my deffence in discharge petition Thanking you. sincearly jitender reddy
If the cognizance has been taken of the offence/s by the trial court (maybe special court/judge), then the prosecution is bound to prove allegations against you. The shortcomings by the prosecution would be dealt with during the trial, which you have mentioned here prima facie. So my suggestion is to prepare yourself fully with your defense.
I repeat that trial would go on against you, as discharge is not possible when the court has taken cognizance on the police report/chargesheet. The prosecution would submit it's evidence against you and you have to counter it successfully during trial, which would be conducted by the special court SC/ST act or District and Sessions court.