JIYO JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act' for short), challenging order in CMP.1720/2022 on the files of the Special Judge, under the SC/ST Special Court, Mannarkkad. The appellant is the sole accused in Crime No.1141/2022 of Palakkad Town South Police Station, Palakkad, where the accused alleged to have committed offences punishable under Ss. 376(2)(n), 509 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) and Sec. 66 E(a) (b) of Information Technology Act 2000 and Sec. 3(2)(v), 3(2)(va) of SC/ST Act.

(2.) Heard the learned counsel for the appellant as well as the learned Public Prosecutor. Despite having served notice, as mandated under Sec. 15A(3) of the SC/ST Act, the defacto complainant, did not appear.

(3.) The prosecution case in not shell is as under: