MUNGARA MAHITHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case is filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 seeking to set aside the order dtd. 8/4/2021 in Crl.M.P.No.101 of 2019 in S.C.No.110 of 2017 passed by the learned Special Judge for trial of Offences under SCs and STs (POA) Act-cum-V Additional Sessions Judge, Nellore, whereby the petition filed under Sec. 239 of Cr.P.C., seeking to discharge the petitioners from the case, was dismissed.

(2.) The petitioners before this Court are A4 and A5 in crime No.67 of 2017 of Buchireddypalem Police Station, Nellore District, registered for the offences punishable under Ss. 354-B, 323, 290 r/w 34 of the Indian Penal Code, 1860 and Ss. 3(1)(r)(s) and 2(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 2015, which was subsequently numbered as S.C.110 of 2017.

(3.) The case of the prosecution in nutshell is that a report was lodged alleging that Malini, Vanaja and Sailamma, under whom the complainant and two others i.e. LWs2 and 3 are working as maids, and all the accused reside in their respective portions in the same building. While things stood thus, on 10/3/2017 when the complainant was bringing coffee in a flask as per the instructions of Malini, the accused came there, and LWs2 and 3 abused the complainant in the name of caste and misbehaved with the complainant by pulling her saree and blouse, which was also witnessed by passersby. Basing on the said complaint the above crime was registered.