BURLA LAXMINARAYANA LAXMAN Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 417 IPC and sentenced to undergo six months rigorous imprisonment and to pay fine of Rs.1,000.00, in default, to suffer simple imprisonment for one month vide judgment dtd. 12/9/2008 in S.C.No.88 of 2007 passed by the Special Sessions Judge for trial of offense under SCs and STs (POA) Act, Karimnagar (for short 'learned Sessions Judge'). Aggrieved by the same, present appeal is filed. However the appellant was acquitted under Sec. 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act')

(2.) The case of the prosecution is that P.W.1/victim filed complaint against the appellant stating that she was staying in Karimnagar for five or six years. She belongs to Lambada caste and the appellant belongs to Padmashali caste. They were staying nearby houses in the same locality. One year prior to the complaint, the appellant proposed to PW1 stating that he loves her and intends to marry her. Accordingly, having accepted the love proposal, they had sexual intimacy over a period of time, resulting in pregnancy of P.W.1. P.W.1 asked the appellant to marry her as she was 5 months pregnant, however the appellant refused on the ground that P.W.1 belongs to lower caste and he cannot marry her. P.W.1 informed to her parents and other elders, who in turn questioned the appellant regarding marriage, however, as the appellant refused, complaint was filed.

(3.) It is further case that after filing of the case during the course of investigation, PW1 delivered a baby but died after three months. At the time of her pregnancy, a letter Ex.P2 was prepared agreeing upon her not to reveal their relationship with anyone and both of them signed on the said letter.