SHAIK ISAK Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) of Cr.P.C., is filed by the appellant/accused, challenging the judgment, dated 27.01.2010, passed in Spl.S.C.No.24 of 2009 by the Special Judge for trial of cases under SCs & STs (POA) Act, 1989, Adilabad, whereby, the Court below convicted the appellant/accused of the offences punishable under Section 354 of IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced him to undergo Rigorous Imprisonment for six (06) months and to pay fine of Rs.1,000/-, and in default, to undergo simple imprisonment for one month for the offence under Section 3(1)(xi) of SCs & STs (POA) Act, 1989, by observing that the offence under Section 354 of IPC and Section 3(1)(xi) of SCs & STs (POA) Act, 1989, are one and the same, so when the appellant/accused is sentenced under Section 3(1)(xi) of SCs & STs (POA) Act, 1989, no sentence is ordered for the offence under Section 354 of IPC.

(2.) Heard the learned counsel for the appellant/accused, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

(3.) The learned counsel for the appellant/accused would contend that no incident, as alleged by the prosecution, took place. The appellant/accused is falsely implicated in this case. There is no proper identification of the accused in this case. The allegations levelled against the appellant/accused do not constitute offences under Section 354 of IPC and Section 3(1)(xi) of the SCs & STs (POA) Act, 1989. Though the guilt of the appellant/accused was not proved beyond reasonable doubt by the prosecution, the Court below erroneously convicted and sentenced the appellant/accused as aforementioned and ultimately prayed to allow the appeal by setting aside the conviction and sentence imposed by the Court below against the appellant/accused.