ILANGOVAN Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed by the petitioners to quash the proceedings in Spl. S.C. No. 2 of 2005 on the file of the III Additional District and Sessions Judge for PCR Cases Madurai.

(2.) One Sudha is the complainant in Crime No. 919 of 2003, registered on 25.10.2003 for the offence under Sections 354 IPC r/w 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act"). In the complaint, she has alleged that on 23.10.2003 at about 9.00 p.m., while she was returning back to her house from her neighbour's house, the accused with dishonest intention pulled her by hand and on hearing the alarm raised by her, her husband Rengasamy and Muniyandi came and on seeing them the accused fled away from the scene.

(3.) Learned Counsel for the petitioner would strenuously contend that on the strength of the allegations found in the First Information Report no offence under the provisions of the Act could be made out and inclusion of the provisions of the Act is not legally maintainable. Section 3(1)(xi) of the Act goes thus: