KURIMINELLI CHINNA Vs. STATE OF A P

JUDGEMENT

(1.) The Accused has preferred this appeal against the conviction and sentence of rigorous imprisonment for 5 years for the offence punishable under Section 354 I.P.C. and also sentencing him to undergo simple imprisonment for a period of 6 months for the offence under Section 3(l)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC and ST Act') and also imposing a fine of Rs.100/- under each count by the Additional Sessions Judge, Vizianagaram in S.C.77 of 1996 on 26.3.1999.

(2.) It is the case of the prosecution that on 6.3.1996 at about 5.00 p.m. during evening time, the accused caught hold the hand of P.W.I and dragged her into his motor shed, and thereupon, she got herself released from his clutches and reported the same to her husband - Paturi Venkatarao (P.W.2). Later, they went to the Police Station and presented a report on 6.3.1996 at about 9.30 p.m. which resulted in registering of Cr.No.30 of 1996 of Gurla Police Station under Section 354 I.P.C. under Ex-P.2-F.I.R. After investigation, the accused was charge-sheeted by the Police under Section 354 I.P.C. The Sessions Judge framed charges under Section 354 I.P.C. and also framed additional charge under Section 3(l)(xi) of the SC and ST Act. The plea of the accused was one of denial for the said charges.

(3.) The prosecution in all examined three witnesses. P.W.I is the victim. P.W.2 is her husband. P.W.3 is the Investigating Officer who is said to have recorded Ex.P.l statement and registered it as Ex.P.2-F.I.R. The accused also examined two witnesses who alleged that the said accused tried to mediate the dispute in between P.W.2 and an alluminum vessel vendor and there was an altercation in between P.W.2 and the accused, and the said incident took place at the house of D.W1. The Additional Sessions Judge recorded a finding of guilt for the offences under Section 354 I.P.C as well as under Section 3(l)(xi) of the SC and ST Act. The Sessions Judge convicted the accused to undergo rigorous imprisonment for 5 years under Section 354 I.P.C. and also sentenced to undergo simple imprisonment for a period of 6 months under Section 3(l)(xi) of the SC and ST Act and also sentenced to pay a fine of Rs. 100.00 under each count, in default to undergo simple imprisonment for a period of one week. Thereupon, the accused has preferred this appeal.