A.SHUKRAMADHADA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 378 (1) and (3) of Cr.P.C. by the State, challenging the judgment, dated 12.07.2010 passed in S.S.C.No.58 of 2006 on the file of the Special Judge for SC/ST (POA) Cases-cum-VII Additional District Judge at Warangal, wherein the accused was acquitted for the offences punishable under Section 417 of I.P.C. and Section 3 (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) For the sake of convenience, the parties will hereinafter be referred to as arrayed in S.S.C.No.58 of 2006.

(3.) The case of the prosecution, in brief, is that the accused Chidurala Ramesh developed intimacy and friendship with Bhukya Bharathi, who belongs to Lambada (ST) caste, by making false promises to marry her and believing the same, she allowed the accused to have cohabitation with her and the affair was continued for a period of four years. In view of such cohabitation, she became pregnant and the accused terminated the pregnancy in the month of April, 2001 in Rohini Hospital, Hanamkonda and promised that he would marry her after she attains the majority and continued his affair with Bhukya Bharathi. In the month of January, 2005, when the victim asked the accused to marry her, but he refused to marry her. The victim held a panchayat before Mannuru Krishna Murthy @ Poosala Krishna Murthy, Hechu Yakaiah and Dopati Ram Reddy and others and in the said panchayat the accused alleged to have confessed that he has committed the offence and expressed that he is not willing to marry her since she is a Tribal Woman and was ready to pay compensation. Hence, the victim lodged a report before the Police, Thorrur, which was registered as a case in Crime No.60 of 2005 of Thorrur Police Station for the offences punishable under Section 417 of I.P.C. and Section 3 (1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After due investigation, police filed charge sheet, and the same was numbered as S.S.C.No.58 of 2006.