PALANI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment and conviction made by the learned Special Sessions Judge, S.C./S.T. Act cases, Ulundurpet in S.S.C. No. 68 of 2015, by judgment dated 09.09.2015.

(2.) The case of the prosecution is that, on 29.11.2010, at about 4.00 p.m., the accused persons had assaulted and scolded P.W.2 by making derogatory statement with an intention to insult and humiliate her in the public place, since he is a member of the Scheduled Caste.

(3.) Based on the alleged occurrence said to have taken place on 29.11.2010 at 4.00 p.m., P.W.2 has got admitted in a Government Hospital at Ulundurpet on the said day and taken treatment. Subsequently, it was claimed that, the P.W. 2 had shifted to (Villupuram) Mundiampakkam Government Hospital, where, after having taken treatment for three to four days, P.W. 1, husband of P.W. 2 had given a complaint to the respondent police on 04.12.2010, based on which an FIR was registered and the case was investigated. After investigating the case, P.W. 8, the Investigating Officer, Deputy Superintendent of Police, Ulundurpet had laid the charge sheet against the accused persons for the alleged offences punishable under Sec. 323 of Penal Code and under Sec. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 [hereinafter referred to as SC/ST Act].