DEVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S. C. No. 371 of 2000 on the file of the Principal Sessions Judge-cum-Special Judge, Coimbatore. The accused faces charges under Section 3 (1) (x) and 3 (1) (xi) of the SC/st (Prevention of Atrocities) Act, 1989 and also under Section 323 IPC.

(2.) THE learned Sessions Judge, on appearance of the accused on summons, had furnished copies to the accused under Section 207 of Cr. P. C. , and thereafter framed charges under Section 3 (1) (x) and 3 (1) (xi) of the SC/st (Prevention of Atrocities) Act, and when questioned the accused pleaded not guilty. On the side of the prosecution P. W. 1 to P. W. 10 were examined Ex. P. 1 to Ex. P. 7 were exhibited. P. W. 1 is the victim girl. According to her, she belongs to 'mathari' caste, a schedule caste. The accused is running a tea shop in her village and when she was crossing the said tea shop of the accused on the date of occurrence along with her mother the accused came out of his tea shop and demanded the balance of Rs. 7/ -. She requested time till Sunday to wipe of the balance of Rs. 7 being the due in the transaction, but the accused abused her by her caste "vernacular (TAMIL) PORTION DELETED" and also slapped her and hold her tuft gave blows on her back andalso assaulted her 5 or 6 times with his cheppal and dragged her on the ground and that one Shanmugam and Murugan interfered and pacified him. She had complained about the incident to her husband, who returned from his work spot at about 7. 00 pm on the same day to took her to the police station where she preferred Ex. P. 1-complaint and with a police memo she was referred to government hospital for treatment, where she was taking treatment as an inpatient for one week.

(3.) P. W. 2 and P. W. 3 have turned hostile.