KATTHULAPALLI RAMACHANDRAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri C. Praveen Kumar, learned Counsel for the appellant and the learned Additional Public Prosecutor.

(2.) The present appeal is preferred by the appellant aggrieved by the judgment dated 24-11-1997 in S.C. No.8 of 1996 on the file of the Special Judge for Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989- cum-First Additional District and Sessions Judge, Nellore.

(3.) The case of the prosecution is that P.W 1 is 'Girijan' by caste and she is working as Health Nurse in Sub-Health Centre in Viruvuru Village since five months prior to 4-5-1993 and as she could not secure a convenient house in Viruvuru Village, she was staying in Pamuru Village and daily attending her duties at Viruvuru Village. On 4-5-1993 at about 9.00 am, P.W.I boarded a Van at Pamuru Village to go to Viruvuru Village. The accused, his wife and some others travelled in the same truck. All of them were sitting in the cabin. When the truck was stopped at Viruvuru Village, the wife of the accused got down from the truck. While getting down from the truck, the accused put his leg on the thigh of P.W.I and got down from the truck. P.W.I found fault with him. The accused grew wild, abused her in filthy language, slapped on her left cheek. The accused with an intention to insult P.W.I in public view and to outrage her modesty kicked on her chest and abused her as 'Erukula Lanja Neeku Inta Pogara Nee anthu Chusthanu' and threatened her with dire consequences. P.W. 1 sustained simple injury. She was shocked and frightened to the incident. She returned to Pamuru Village and then she reported the matter to the Police and hence, the investigation was taken up, in pursuance of Crime No. 15 of 1993, which was registered in Varikuntapadu Police Station. The accused was charged under Section 3(1)(x), (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and under Sections 354, 355, 323 and 506 IPC.