BASTE SUBRAYALU Vs. ROBERT MARIADASSOU

JUDGEMENT

(1.) This is a criminal revision case filed by P.W. 2 Baste Subrayalu/complainant in C.C. No. 234 of 1982 on the file of the Court of the learned Chief Judicial Magistrate, Pondicherry, against the Judgment of the said Court in the said case dated 27-11-1982 finding the accused not guilty of the offence under S. 7(1)(d) of the Protection of Civil Rights Act, 1955 (22 of 1955), read with S. 34,I.P.C., and acquitting all the accused/respondents 1 to 6 herein. The State of Pondicherry represented by the Station House Officer, C.I.D. Branch, Pondicherry (Crime No. 11 of 1982) is the 7th respondent in this criminal revision case. A. 1 Robert Mariadassou, A.2 Antoine, A.3 Lourde Marinathan alias Jayabal, A.4 Sagayanathan, A.5 Arokiamary and A.6 Ponnusundaram are respondents 1 to 6 in this criminal revision case, and they are all residing at No. 6, Saint Roserio Street, Muthialpet, Pondicherry. A.1 to A.4 are the sons of Selvarasu alias Selvanathan. A.5 is the wife of A.3 Lourde Marinathan alias Jayabal. A.6 is the wife of Selvarasu alias Selvanathan.

(2.) The Sub-Inspector of Police, Crime Investigation Department, Pondicherry, has laid a charge-sheet against the accused for an offence under S. 7(1)(d) of the Protection of Civil Rights Act, 1955, read with S. 34,I.P.C., stating that on 22-5-1982 at Savariapet, Pondicherry, A.1 to A.6 insulted the complainant-s daughter-Selvi Vasantha alias Vasanth Kumari who is a member of the Scheduled Caste viz., -Valluvan- (Hindu) by abusing the girl by her caste. Copies of documents referred to under S.207, Cr.P.C, were furnished to the accused, and when examined for an offence under S. 7(1)(d) of the Protection of Civil Rights Act, 1955 read with S. 34,I.P.C., all of them pleaded not guilty. Hence the witnesses for the prosecution, that is, P.W.1 Vasantha alias Vasanthakumari. P.W. 2 Baste Subrayalu. P.W.3 Devarasu, P.W.4 Sarasu alias Saraswathi, P.W.5 Sambavadhi, P.W.6 Veeraraghu, P.W.7 Stalin Jason, Sub-Inspector-I of Muthialpet Police Station, P.W.8 Anandaraman, Head Constable, C.I.D. Police and P.W.9 Swaminathan, Sub-Inspector of Police, C.I.D., were examined before the lower Court. On behalf of the prosecution, Exhibits P.1 complaint, P.2 caste certificate and P.W.3 F.I.R. No. 78 of 1982 of Muthialpet Police Station were filed. No witness was examined on behalf of the accused. Exts. D.1 to D.6 - six colour photographs were filed on behalf of the accused.

(3.) The case of the prosecution in brief is as follows: On 22-5-1982 at about 10 a.m., when P.W. 1 Vasantha alias Vasanthakumari was alone in her house, A.2 Antoine and A.3 Lourde Marianathan alias Jayapal came and cut the -othian- tree belonging to P.W.1. and when questioned, A.1 Robert Mariadassou came there and said (Matter in vernacular omitted-Ed.) Meanwhile, A.4, A.5 and A.6 came to the scene and they also abused and insulted P.W.1 saying (Matter in Vernacular omitted-Ed). Then, P.Ws.3 to 5 came there and they asked the accused as to why they insulted P.W.1 in the absence of her parents. For that, all the accused scolded them also. Then P.Ws. 3 to 5 advised P.W.1 to go home and report to her father after his return. Then at about 1 p.m., P.W.2 (P.W.1-s father) returned home. P.W.1 narrated him as to what had happened. Then P.W.2 went to the police station at about 5 p.m., and lodged a complaint-Ex. P.1 to the Sub-Inspector of Police, Muthialpet Police Station (P.W.7) who has registered a case in Crime No. 78 of 1982 under S. 7(1)(d) of the Protection of Civil Rights Act, 1955 against A.1 to A.6, and then he transferred this case to the crime investigation department, Pondicherry, for further investigation. P.W.8 Head Constable of the Crime Investigation Department, Pondicherry received the case on transfer and registered a case in Crime No.11 of 1982 of the Crime Investigation Department, Pondicherry, and then he submitted this case to P.W. 9 Sub- Inspector of Police for further investigation. P.W. 9 obtained caste certificate from P.W. 6 - the Deputy Tahsildar, and after perusing the records, he laid charge-sheet against the accused on 30-6-1982, under S.7(1)(d) of the Protection of Civil Rights, Act, 1955, read with S. 34,I.P.C. The accused were examined by the lower Court under S. 313, Cr. P.C., for the offences under S. 7(1)(d) of the Protection of Civil Rights Act, 1955 read with S. 34,I.P.C., with reference to the evidence appearing against them, and all the accused said that this case was concocted against them because of the pending civil dispute between the accused and the complainant-s family. A.1 has stated that even one month prior to the incident, P.W. 2 was threatening him that he would give a complaint against A.1 and his family members under the Protection of Civil Rights Act, and A.1 has already reported this matter to the police. Since A.1 is a Government employee, the complainant, just to wreak vengeance upon him, P.W. 2 has implicated him and his brothers and other members of his family in this case. They never insulted P.W. 1 or P.W. 2 or any one of his family members mentioning the caste name viz., (Matter in vernacular omitted- Ed.). The accused have not examined any witness.