PUBLIC PROSECUTOR Vs. KUSUMA MALLAIAH

JUDGEMENT

(1.) (Criminal Appeal under Section 378(3) & (1) of Crl.P.C. against the Judgment dated 16/08/2003 in SC.No.6 of 2002 on the file of the Court of the I Additional District Sessions Judge, Warangal). The State preferred this appeal against the order of acquittal recorded in Sessions Case No.6 of 2002 on the file of I Additional Sessions Judge, Warangal. Today, the matter is coming up for admission. Heard learned Additional Public Prosecutor and Sri. P. Purushotham Reddy, learned counsel for the respondents/accused.

(2.) Learned Additional Public Prosecutor pointed out that the learned Judge having recorded a finding that P.W.11, the Sub-Divisional Police Officer, Narsampet, who conducted the entire investigation and laid the charge sheet, had definitely erred in recording an acquittal on the ground that the prosecution did not prove that P.W.11 was specially appointed by the State Government for investigating the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act for the purpose of convenience). Even otherwise in the event of doubt opportunity could have been given to prosecution to establish the same and hence, the matter to be admitted and to be further examined at the stage of final hearing.

(3.) The facts in brief are that the Sub-Divisional Police Officer, Narsampet had laid the charge sheet against accused Nos.1 to 3 alleging that on 18.04.2001 at 10 am at Lingagiri cross roads, they abused one Mali Subbaiah belonging to Scheduled Tribes by pointing out his caste with an intention to defame him in the view of public and thereby committed an offence punishable under Section 3(1)(x) of the Act.