THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1235 of 2007 09-09-2014 BETWEEN:
State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of A.P.
…..Appellant AND Kurugundla Raghavaiah …..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1235 of 2007 JUDGMENT:
The Criminal Appeal is preferred by the State challenging the Judgment dated 18.03.2005 passed in S.C. No.9 of 2004 by the Hon’ble Special Judge for trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Prakasham District at Ongole, whereby the learned Judge acquitted the accused for the offence under Section 324 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The case of the prosecution is as follows:
That on 16-05-2003, when P.Ws.1 and 2 were collecting sticks for fuel, the accused picked up altercation with them saying that when he was not there in the field, they are collecting fire wood from his field. The accused abused them in filthy language by touching upon their caste and snatched a neem stick, which was in the hands of P.W.1, caught hold of her tuft and pulled her on the ground, kicked her and beat her with the neem stick. When P.W.2 intervened, the accused also abused her by touching upon her caste and assaulted her with the same neem stick and caused simple heart to P.Ws.1 and 2. Basing on the complaint lodged by P.W.1, a case was registered against the accused for the offences under Section 324 IPC and Section 3(1)(x) of the SCs and STs (Prevention of Atrocities) Act. After completion of the investigation, charge sheet was filed.
To substantiate the case of the prosecution, the prosecution examined P.Ws.1 to 11 and marked Exs.P.1 to P.7 were marked. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused, observing as follows.
There is a delay of five days in lodging the complaint and the prosecution has not explained the reasons for an inordinate delay of five days in registering the F.I.R., which is fatal to the case of the prosecution.
P.Ws.1 and 2 stated that they were abused by the accused by touching upon their caste. The said abusive words allegedly uttered by the accused are not mentioned either in the Complaint or in the Statement under Section 161 Cr.P.C.
The offences committed under the SCs and STs (PoA) Act have to be investigated by a Police Officer not below the rank of a Deputy Superintendent of Police, as per Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The Investigation Officer shall be appointed by the State Government, the Director General of Police or the Superintendent of Police. In the instant case, the Investigation Officer did not file any authorization to show that any of the authorities referred in Rule 7 (1) of the Rules appointed him to investigate in this case. It is certainly fatal to the case of prosecution.
Heard both sides and perused the entire material available on record.
On perusing the entire evidence and hearing the submissions on both sides, this Court is of the view that the Court below correctly came to a conclusion that the accused has not committed the offences under Section 324 IPC and Section 3(1)(x) of the SCs and STs (PoA) Act. This Court is of the view that the Court below has considered the evidence in proper perspective and the reasoning given above while acquitting the accused is also in accordance with law. The Judgment of the trial Court does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court. The criminal appeal fails and is liable to be dismissed.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 09.09.2014 pln