CHINNATHAMBI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellants/A-1 and A-2 against the judgment dated 08.10.2015 in S.C.No.147 of 2011 on the file of the Sessions Court, Tiruvannamalai, convicting the appellants/A-1 and A-2 for the offence under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (old Act of 1989) and sentencing each of them to undergo rigorous imprisonment for six months and to pay fine of Rs. 5,000.00 each, in default, to undergo simple imprisonment for one month, each. They were acquitted of the charges framed under Sec. 3(1)(xi) of the said Act and Sec. 506 (Part-2) IPC.

(2.) The gist of the prosecution case is that P.W.1 Poongavanam who belongs to a Scheduled Caste community, is a resident of Thokkavadi Village, Thukkapettai Post, Chengam Taluk, Thiruvannamalai District. P.W.2 Kanchana is the sister of P.W.1 and she is also a resident of the same village. The appellants/A-1 and A-2 belong to Peyalampattu Village and are from Hindu Vanniyar Community. P.W.1 is owning 21/2 acres of land in Peyalampattu Village; likewise, P.W.2 is owning 21/2 acres of land in the same village. The said lands were assigned to their father by the Government of Tamil Nadu under Panchamar Land Scheme. The father of P.Ws.1 and 2 expired twenty years back. Thereafter, P.Ws.1 and 2 were in possession and enjoyment of the said land and were cultivating the same. On 04.12.2010, the appellants trespassed into the lands of P.Ws.1 and 2 intentionally and removed and destroyed the thatched house therein. Subsequently, when the complainant questioned the above act of the accused persons, the appellants/A-1 and A-2, with an intention to cause annoyance, insulted P.Ws.1 and 2 and scolded them in filthy language by uttering their caste/community name in public place with public view. Further, at the same time and place, during the course of same transaction, the first appellant/A-1 caught hold of the hand of P.W.1 and pulled her saree with criminal force with an intention to outrage her modesty and the second appellant/A-2 caught hold of the hand of P.W.2 and likewise pulled her saree with criminal force with an intention to outrage her modesty. Both the accused criminally intimidated P.W.1/complainant and P.W.2 with dire consequences that they will do away with their lives, if they do not go out from the land. Thereafter, on 19.12.2010, P.W.1 gave complaint to P.W.9 Inspector of Police and the said complaint was registered in Crime No.1048 of 2010 for the offences punishable under Sections 427, 506 (Part-1) Penal Code and Sec. 3(1)(x) of the above said S.C and S.T. Act. Ex.P-3 is the F.I.R. The copy of the complaint/F.I.R. was sent to the Judicial Magistrate, Chengam. The complaint/F.I.R. and records were forwarded to the higher official, based upon which, P.W.11 Deputy Superintendent of Police took up the investigation; he visited the place of occurrence and prepared Ex.P-6 rough sketch in the presence of P.W.8 Ayyakannnu and one Arul; he also prepared Ex.P-2 observation mahazar in the presence of P.W.8 and the said Arul; he examined the material witnesses and other witnesses and recorded their statements under Sec. 161 Cr.P.C.; he approached the Tahsildar of Chengam and applied and obtained the Community Certificates Exs.P-7 and P-8 of P.Ws.1 and 2 respectively. Thereafter, since P.W.11 Deputy Superintendent of Police was transferred to other place, P.W.13 Deputy Superintendent of Police took up further investigation and recorded the statements of the Deputy Tahsildar P.W.10 and the Revenue Tahsildar Elangovan. He completed the investigation and filed charge-sheet against the appellants/A-1 and A-2 for the offences punishable under Sec. 506 (Part-2) IPC, and Sections 3(1)(x) and 3(1)(xi) of the said Act. Thereafter, based on the charge sheet filed before the trial Court for the above offences, the case was taken on file in Sessions Case No.147 of 2011.

(3.) In order to prove their case, during the course of trial, the prosecution has examined 13 witnesses and exhibited eight documents.