JAKKAMPUDI RAMBABU Vs. STATE OF A.P.

JUDGEMENT

(1.) The challenge in this Criminal Appeal is to the judgment, dtd. 24/1/2011 in SC ST Sessions Case No.7 of 2009, on the file of Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-Additional District & Sessions Judge, Vizianagaram ("Special Jude" for short).

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Special Judge for the sake of convenience.

(3.) The State, represented by Sub-Divisional Police Officer, Vizianagaram Sub-Division, filed charge sheet in Crime No.102 of 2009 of Poosapatirega Police Station under Sec. 3(ii)(xi) of SC/ST (POA) Act, 1989, alleging in substance that accused is resident of Kollayivalasa Village of Poosapatirega Mandal. He is doing a private job in HBL Company at Kandivalasa village. The offence took place on 27/7/2009 night at 11-00 p.m. at Yadava Street, Kollayivalasa village. L.W.1- Busakala Saraswathi is the victim and she belonged to Scheduled Caste. On 27/7/2009 night 8-00 p.m., the victim took her Television along with VCR to the house of L.W.5-Kaki Tata to exhibit the cinema in connection with the birth day celebrations of his son. After completing the first picture, L.W.5 requested her to exhibit another movie. At request of L.W.5 at about 11-00 p.m., L.W.1 proceeded to her house to bring another cassette. When she reached near the cattle shed of Duvvu Suritata, the accused caught her hand with a view to outrage her modesty, assaulted her by beating with a stick on her person indiscriminately knowing fully well about her community. She fell down on the road and sustained bleeding injuries on her head and body. L.W.2-Busakala Ramasuri witnessed the incident and communicated the same to L.W.3- Simmala Tata and L.W.4-Kurni Appalasuri. They shifted her to Government Hospital, Vizianagaram. On receipt of medical intimation, L.W.10-Head Constable rushed to the Hospital and recorded the statement of the victim. He forwarded the same to L.W.12-A.S.I., Pusapatirega Police Station. In turn, he registered it as a case in Crime No.102 of 2009 under Ss. 354 and 324 of the Indian Penal Code ("IPC" for short) and investigated into. He submitted copies of FIR to all concerned. He secured the presence of L.W.1 to L.W.5 and examined them. L.W.13-Sub-Divisional Police Officer, perused the copy of FIR and issued the memo to alter the Sec. law into 3(ii)&(xi) of SC/ST (POA) Act, 1989, as the victim belonged to Scheduled Caste. L.W.13 was appointed as investigating officer in this case by order of the Superintendent of Police on 31/7/2009. He took up investigation. He verified the investigation done by L.W.11 and L.W.12. He visited the Government Hospital, Vizianagaram and examined the victim. He arrested the accused at Kollayivalasa Village on 30/7/2009 and seized the crime stick in the presence of mediators. L.W.8-Dr. N. Ratna Kumar, Civil Assistant Surgeon, issued wound certificate stating that the victim sustained laceration of 5 x 1 x 1 cms., over left partial area of scalp, bleeding, rough edges. L.W.9-Tahsildar, Pusapatirega Mandal, issued caste certificates of the victim and the accused. Hence, the charge sheet.