STATE OF A. P. Vs. MORIGADI SHYAM

JUDGEMENT

(1.) This Criminal Appeal is filed by the State aggrieved by the acquittal recorded under Sec. 354 IPC and Sec. 3(1)(xi) of SCs/STs (POA) Act, 1989 vide judgment in SC No.36 of 2007 dtd. 15/2/2008 passed by the Special Sessions Judge for SC/ST (POA) Act at Nalgonda.

(2.) Briefly, the case of the prosecution is that on 2/12/2004 at 10.00 a.m when P.W.2 went out towards water tank for grazing goats, the accused caught hold of her and pulled her. In the incident, the blouse and petticoat were pulled and threatened not to raise any alarm. On hearing her, P.Ws.3 and 5, who were also grazing goats in the nearby fields rushed towards the victim girl (P.W.2). On seeing them, the accused let her off and escaped from there. On the very same day at 5.00 p.m, victim girl informed to her parents and complaint was lodged.

(3.) Learned Sessions Judge examined P.Ws.1 to 9 and marked Exs.P1 to P7 on behalf of the prosecution. MOs.1 and 2 which are torn wearing apparel of victim/P.W.2 were also marked. Learned Sessions Judge, having considered the evidence on record found that the case against accused was filed as a counter blast case to the case filed by the accused against Sarpanch Anjaiah and two others namely, N.Kumar and N.Gopal. Further, there was an altercation with P.W.2 since she was grazing goats without permission of the accused in his fields.