YELLA SHESHARAO Vs. STATE OF A.P

JUDGEMENT

(1.) The appellant was convicted for the offences under Ss. 420 and 493 of IPC and under Sec. 3(1)(x) of SCs and STs (POA) Act, 1989 (for short 'the Act of 1989') and sentenced to undergo rigorous imprisonment for a period of five years under each count, vide judgment in SC/ST.SC.No.28 of 2015, dtd. 22/3/2021 by the Special Sessions Judge for Trial of Offences under SC/ST (POA) Act-cum-VII Additional District & Sessions Judge, Ranga Reddy District at L.B.Nagar. Aggrieved by the same, present appeal is filed.

(2.) A complaint was lodged by P.W.1, who is the wife of the appellant. According to her, she was married in the year 1996 with one Shiva Naik. A daughter was born. Her husband died in the year 2006 due to ill-health. Complainant/P.W.1 was having acquaintance with the appellant and they got married in the year 2008. After marriage, they lived amicably till 2013 in the house of the appellant. Appellant requested P.W.2/ mother-in-law for hand loan of Rs.2,40,000.00 for construction of the house. The said amount was given. However, when asked to repay the said amount, the appellant started harassing P.W.1 and used vulgar language stating that she was handicapped, attracting offence under Sec. 3(1)(x) of the Act of 1989. Further the appellant was harassing P.W.1 asking her daughter to sleep with him, so that he would return the money. However, the appellant refused to pay the said amount, as such, a complaint was filed on 28/12/2013, which is Ex.P1.

(3.) On the basis of evidence of P.Ws.1 and 2, the learned Sessions Judge came to a conclusion that the appellant was guilty of cheating punishable under Sec. 420 of IPC and also cohabiting with P.W.1 deceitfully inducing a belief of lawful marriage, punishable under Sec. 493 of IPC.