STATE OF KERALA Vs. SREEKANTH

JUDGEMENT

(1.) In this appeal filed under Sec. 378(1) Cr.P.C. the appellant/State, the respondent in S.C.No.6/2013 on the file of the Special Court of the Trial of Offences under the SC/ST (Prevention of Atrocities) Act, Mananthavady, challenges the acquittal of the accused under Sec. 235(1) Cr.P.C. of the offences punishable under Ss. 452, 511 of 376, 376, 506 Part-II IPC and Sec. 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act).

(2.) The prosecution case as per the final report/charge sheet is that on 13/04/2008 at 12:00 noon the accused trespassed into the bathroom of the house bearing no.IX/18, Thondarnadu panchayath and tried to rape PW1, a girl belonging to the scheduled tribe community. When PW1 resisted the attempt, the accused threatened to do away with her. The accused on 28/03/2008 at 03:00 p.m. enticed PW1, taken her to a quarry near her house, raped her and threatened her with dire consequences if she revealed the incident to others. Hence, as per the final report the accused is alleged to have committed the offences punishable under Ss. 452, 511 of 376, 376, 506 Part -II IPC and Ss. 3(1)(xii) and 3(2)(v) of the SC/ST Act.

(3.) Crime no.68/2008 was registered by PW17, the then Sub Inspector, Vellamunda police station, that is, Ext.P1(a) FIR on the basis of Ext.P1 FIS of PW1 which was recorded on 13/04/2008 at 17:00 hours. The case was investigated by PW20, the then DYSP, Special Mobile Squad, Mananthavady, who completed the investigation and submitted the final report/charge sheet against the accused alleging the commission of the offences punishable under the above mentioned Ss. .