BABY MATHEW @ BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the accused in S.C.No.207/2007 of the court of the Special Judge, Kottayam, who stand convicted under Sections 447 and 294(b) read with Section 34 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act) and each of whom sentenced to undergo simple imprisonment for two months each for the offences under Sections 447 and 294(b) IPC and to undergo simple imprisonment for two years and to pay a fine of 5,000/-, in default to undergo simple imprisonment for three more months for the offence under Section 3(1)(x) of the Act.

(2.) The prosecution case is that on 17.12.2006 at 7.30 p.m., the accused, in furtherance of their common intention to intimidate, insult and annoy PWs.1, 2, 5 and CW3, criminally trespassed into the courtyard of their house at Kizhathadiyoor kara in Lalam village. The accused are not members of any Scheduled Castes or Scheduled Tribes; whereas, PWs.1, 2, 5 and CW3 are members of the Pulaya Community, which is a Scheduled Caste. The accused intentionally insulted and intimidated them with intent to humiliate them and severely abused them by calling their caste name and also by abusing them in filthy language, that too, by making use of sexually coloured remarks.

(3.) PW1 had allegedly preferred a complaint before the Deputy Superintendent of Police in respect of the matter. Even though he was awaiting for actions, the Police have not initiated proper actions and thereby, PW1 preferred Ext.P1 private complaint before the Judicial First Class Magistrate's Court, Pala. The same was forwarded to the Police under Section 156(3) Cr.P.C. PW10 Sub Inspector of Police, Pala, on getting Ext.P1 complaint forwarded from the Judicial First Class Magistrate's Court, Pala, registered Crime No.21/2007 for the offences under Sections 294(b), 447, 452 and 506(ii) read with Section 34 IPC and Sections 3(1)(x) and 3(1)(xv) of the Act. PW11 Deputy Superintendent of Police, Pala, took over the investigation. He conducted the investigation, completed it and filed the final report.