JANGAM RAVINDER Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is preferred by the appellant being aggrieved by the judgment dtd. 28/10/2013 passed by the learned Special Sessions Judge for SC/ST (POA) Cases-Cum-VII-Additional District Judge, at Warangal, in S.S.C.No.48 of 2009 wherein, the appellant was convicted for offences punishable under Ss. 417, 306 IPC and Sec. 3 (2) (v) of the SC/ST (POA) Act, 1989. For the offence under Sec. 306 IPC, he was sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.1,000.00, in default of which to undergo Simple Imprisonment for a period of three months. Further, for the offence under Sec. 417 IPC, he was sentenced to undergo Simple Imprisonment for a period of six months and for the offence under Sec. 3(2)(v) of SCs and STs (POA) Act, 1989, he was sentenced to undergo imprisonment for life and to pay a fine of Rs.500.00 and in default of which to undergo Simple Imprisonment for two months. All the sentences were directed to run concurrently.

(2.) The facts of the case are that the deceased - daughter of PW.1, belongs to Nayakapu caste which comes under the ST category. The accused was a toddy tapper. Since three years he used to climb toddy trees situated adjacent to the house of de facto complainant and he also used to talk with the deceased. In the year 2007, while the deceased went to attend nature calls, the accused caught hold her and dragged her to commit rape. When she made hues and cries, the neighbors gathered and the accused escaped from the place and a criminal case was registered against the accused. During the pendency of the trial, the accused requested the deceased to compromise the case as he was ready to marry her. Thereafter, the deceased agreed to settle the matter and compromised the case. Since then the accused developed illegal contacts with the deceased and deceived her saying that he will marry her after the marriage of his sister. Later, he fixed his marriage with a woman of Palampet Village. On coming to know the same, on 10/2/2009 at 11:00 hours, the deceased, de facto complainant, her younger brother Goskula Thirupathy and Mogilli, went to the house of accused and asked him about the marriage to which the accused replied that he would not marry her and abused them. On the same day evening at about 06:00 P.M., the accused came to her house and told that his marriage was fixed with another women and he could not marry the deceased as she belongs to Nayakapu caste and asked her to consume poison and die. On hearing the same, the deceased immediately went inside the house and consumed pesticide poison. Subsequently, while she was being shifted to the community health centre, she died. The Police investigated the case and a charge sheet was filed for the offences punishable under Ss. 417, 306 IPC and Ss. 3(1)(x), 3(1)(xii), 3(2)(v) of the SC/ST Act, and convicted the accused as stated supra.

(3.) This appeal is filed stating that though the prosecution failed to prove the alleged offences committed by the accused, the trial Court erroneously convicted the appellant/accused. The trial Court ought to have seen that the punishment for offence under Sec. 306 IPC can be extended up to 10 years and it is not minimum 10 years. Therefore, the offence under Sec. 306 would not be applicable for punishing the accused for the offence under Sec. 3(2)(v) of the SC/ST Act and as per Sec. 3(2)(v) of the Act, the punishment for the offence should be 10 years or more than 10 years. Therefore, the Court below ought not to have convicted the accused for the said offence as the evidence on record do not disclose that the accused abated the victim on the ground that she belongs to scheduled tribe community. The trial Court ought to have seen the contradictions in the evidence of the prosecution which disproves the case of the prosecution and creates doubt for abating the victim by the accused in committing suicide.