BALAM BALAJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the accused in SCs and STs Sessions Case No.67 of 2006 on the file of the Court of Special Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, West Godavari, Eluru (for short, 'the Special Judge'), questioning the judgment therein, dtd. 8/4/2009, where under the learned Special Judge found the appellant herein guilty of the charges under Ss. 3(1)(x) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCs STs Act') and accordingly convicted him under Sec. 235(2) Cr.P.C and, further after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs.500.00 in default to suffer Simple Imprisonment for one month for the offence under Sec. 3(1)(x) of the SCs STs Act and further sentenced him to suffer Rigorous Imprisonment for two years and to pay a fine of Rs.500.00 in default to suffer Simple Imprisonment for one month for the offence under Sec. 3(1)(xi) of the SCs STs Act.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The case of the prosecution, in brief, as stated in the charge sheet pertaining to Crime No.16 of 2006 of Kovvur Rural Police Station, is that the accused is resident of Kapavaram village, Kovvur mandal, West Godavari district. He is Kapu by caste i.e., a non scheduled caste. LW.2 - victim is aged 16 years and resident of same village but belongs to Scheduled Caste (Mala). She studied up to 7thclass, discontinued her studies and started to go to coolie works. LW.1 - Biyyampalli Lakshmi is her mother. LWs.3 and 4 Sirili Jayamma and Gollapalli Ramu are co-coolies. On 24/2/2006 morning, the victim went to coolie works along with LWs.3 and 4, who also belong to scheduled caste. They attended the coolie works in the lease fields of LW.7 - Duvvapu Muthayya. They had their lunch and they were taking a nap (short sleep) in the shade of a tamarind tree by the side of the fields of Muthayya. At about 02:00 p.m. the accused, Balam Balaji, went there, gagged the mouth of the victim and while lifting her, the victim woke up and raised cries. On hearing the same, the co-coolies woke up and witnessed the occurrence. Then, the accused left the victim, abused them in a filthy language in the name of their caste and went away. In the evening after completion of coolie works while they were returning to their home, accused followed them with a packet of chilli bajjies (food item) and offered to the victim. When she refused, accused threatened her to seduce her at any time. Then, she went and informed the occurrence to her mother. LWs.1 and 2 approached their caste elders and elders called the accused but the accused did not turn up. However, on the advice of elders, they approached the Police. On 25/2/2006 at 09:00 a.m. having received the report from LW.1, LW.11 - B. Peddi Raju, Sub- Inspector of Police, registered the same as a case in Crime No.16 of 2006 under Sec. 354 IPC and also under Ss. 3(1)(x) and 3(1)(xi) of the SCs STs Act. LW.12 - N. Balaji Rao, the Sub- Divisional Police Officer, on receipt of information took the FIR and investigated into. LW.10 - Ch. Rangaiah, Mandal Revenue Officer, issued caste certificate in respect of the victim stating that the victim belongs to Scheduled Caste (Mala). During investigation, the SDPO deleted Sec. 354 IPC since the ingredients under Sec. 354 IPC includes Sec. 3(1)(x) and 3(1)(xi) of the SCs STs Act. On 28/2/2006, LW.12 arrested the accused and sent him for remand. Hence, the charge sheet.