LAWS(TLNG)-2021-8-67

STATE OF TELANGANA Vs. ANDELA LINGAM YADAV

Decided On August 12, 2021
State Of Telangana Appellant
V/S
Andela Lingam Yadav Respondents

JUDGEMENT

(1.) Appellant-State filed the present Criminal Appeal by invoking the provision under Section 378(1) and (3) of the Code of Criminal Procedure (Cr.P.C.) challenging the judgment dated 07.03.2014 rendered in S.C.No.78 of 2012 wherein and whereby the Special Sessions Judge for Trial of SCs/STs (POA) Act Cases at Nalgonda, acquitted the respondents/A-1 to A-8 and A-10 to 28 (A-9 died) for the offences punishable under Sections 147, 448 and 506 of the Indian Penal Code (IPC) and Section 3(1)(x) of the SCs/STs (POA) Act, 1989 and Section 4 of the A.P. Medicare Services Persons and Medicate Institutions Ordinance, 2007.

(2.) The case of the prosecution, in brief, is that all the accused, being public representatives like MPTC etc., of Choutuppal Mandal and belong to different social groups including SC/ST went to the private nursing home of L.W.1 (K.Alivelu) on 13.02.2000 at 1.00 pm and abused her in the name of her caste as "SC vai vundi neeku yenduku intha pogaru, intha mandi proja prathinidulanu mee intiki rappinchuntava" and "Nuvvente maaku paddathi nerpedi, nenu chesinde paddathi, ninnu ikkadinundi cheyipattukoni Mandal Officeku lakupothamu". Further, all the accused have threatened her with dire consequences like wrongful confinement and burning her house. Hence, the case.

(3.) On appearance of the accused, charges under Sections 147, 448 and 506 of the Indian Penal Code (IPC) and Section 3(1)(x) of the SCs/STs (POA) Act, 1989 and Section 4 of the A.P. Medicare Services Persons and Medicate Institutions Ordinance, 2007, came to be framed, read over and explained to the accused, to which they pleaded not guilty and claimed to be tried.