KUMARAVEL Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 04.03.2012 passed in S.C. No. 128 of 2012 by the learned Principal Sessions Judge, Cuddalore.

(2.) It is the case of the prosecution that on 30.09.2011, around 2.00 p.m., when the de facto complainant [a Dalit lady aged about 24 years] and her friends were picking firewood in a cashew grove, the accused, who is a caste Hindu, had abused the de facto complainant by referring to her caste name; hit her on her face; tore her blouse; cut her thali chain and took away her gold ornaments. On the complaint [Ex.P.1] lodged by the victim [P.W.1], Sabitha [P.W.8], Sub-Inspector of Police, registered a case in Cr. No. 261 of 2011 on 30.09.2011 at 16.30 hours for the offences under Sections 354, 394 read with 397 IPC and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [for short "the SC/ST Act"] against the accused, vide FIR [Ex.P.3].

(3.) Investigation of the case was taken over by Durai [P.W.10], Deputy Superintendent of Police, who went to the place of occurrence on the same day at 6.00 p.m. and in the presence of the witnesses Kabilan [P.W.7] and Selvamurthy [not examined], prepared an Observation Mahazar [Ex.P.2] and Rough Sketch [Ex.P.5]. He recorded the statements of the victim [P.W.1], Geetha [P.W.2], Vasantha [P.W.3], Meena [P.W.4] and other witnesses. He obtained the Community Certificate [Ex.P.6] for the victim and the accused, which showed that the victim is a member of a Scheduled Caste Community and the accused belongs to the Most-Backward Community. He completed the investigation and filed a charge sheet in P.R.C. No. 6 of 2012 before the District Munsif-cum-Judicial Magistrate, Portonovo for the offences under section 3(1)(x) of the SC/ST Act and Sections 354, 394 read with 397 IPC.