S. PRABHAKAR REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused against the judgment of the learned Special Judge for Trial of Offences under SCs & STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, for setting aside the sentence awarded against him in Spl.S.C.No.37 of 2014 dated 28.06.2018, whereby, the appellant/accused was convicted for the offence punishable under Section 3(1)(x) of the SCs & STs (POA) Act, 1989 ("the Act" for brevity) and Section 504 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for one month for the offence under Section 3(1)(x) of the Act and further sentenced to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence Section 504 IPC.

(2.) The case, in brief, is that on 12.12.2013 at 8.30 pm the complainant lodged a complaint stating that on 10.12.2013, at about 9.30 am, when he went to the accused and asked him about his vehicle Ashok Leyland Petrol Tanker bearing No.AP-16-TU-5540, the accused abused him in filthy language saying "Ekkada ra ni bandi Madiga Lanjakodaka" and assaulted and insulted him in the name of his caste.

(3.) On appearance of the accused, charges under Section 3(1)(x) of the Act and Section 504 IPC came to be framed, read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.