FATHIMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by accused Nos.1 to 3 challenging the judgment and order of conviction and sentence dated 11.12.2009 passed by the II Additional Sessions and Special Judge, Dharwad in Special (SC & ST) CC No.6 of 2007.

(2.) Brief facts of the case are that in the year 2007, Smt. Sulochana, who is belonging to walmiki community which falls under the category of scheduled tribe, was residing in a house at Srirama Nagar, Dharwad. PW-3 is not cordial with accused No.3. Accused No.2 is the mother of accused No.3. Accused No.1 is the younger sister of accused No.2 and all the accused were also residing at Srirama Nagar, Dharwad. PW-1-the complainant was having relationship with PW-3. In that context, all the accused in order to take vengeance towards PWs.1 and 3 on 11.04.2007 at about 00 pm, when complainant PW-1 was in front of her house, accused Nos.1 to 3 came there and in furtherance of their common intention to assault and humiliate her in the public view, all the accused abused the complainant in foul language with a background of the alleged illicit relationship of PW-1 with PW-3. All the accused assaulted PW-1 with hands in front of her house and thereafter they dragged the complainant near their house and while so dragging PW-1 was assaulted with a pair of chappals and was tied to a tree near the house of the accused. In the meanwhile, PW-3 arrived and he was also tied to the very same tree by all the accused persons. Thereafter, accused No.2 brought a scissors from her house and cut and removed the hair(tuft of hair) of PW-1-complainant and thereafter they also assaulted PW-3 with chappals. Accused No.2 assaulted with scissors. It is the further case of the prosecution that till 4.30 pm, the complainant and PW-3 were wrongfully confined by tying them to a tree with the coir rope and they threatened them with dire consequences. It is the further case of the prosecution that all the accused knowing fully well that the complainant belongs to walmiki community, they abused her in foul language with reference to her caste and humiliated in public view.

(3.) On the basis of the complaint, a case was registered in Crime No.89 of 2007. After investigation, charge sheet was laid as against accused Nos.1 to 3 for the offences punishable under Sections 323, 324, 355, 342 and 506 read with Section 34 of the Indian Penal Code and also under Section 3(1)(x) and (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act' for short). Thereafter, the Special Court secured the accused and after hearing the learned State Public Prosecutor and the learned counsel for the accused, charge was framed. Accused pleaded not guilty and claimed to be tried. As such trial was fixed.