BANOTH RANGA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal, under Section 372 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellant/complainant aggrieved by the judgment, dated 04.02.2010, rendered in Sessions Case No.26 of 2007 on the file of Special Judge for SC/ST (POA) Cases, Warangal, whereby and whereunder, respondent No.2/accused was found not guilty of the offences under Section 353 IPC and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), and accordingly, he was acquitted.

(2.) Heard the learned counsel for the appellant/complainant and the learned counsel for the 2nd respondent/accused. Perused the record.

(3.) Learned counsel for the appellant/complainant would contend that there is specific evidence of P.Ws.1 and 6 with regard to the abuses made by the 2nd respondent/accused in the name of caste of P.W.1; that the delay of 10 days in lodging the report by the appellant is not fatal to the case of the prosecution; that the investigation conducted by the police also reveals the commission of offences under Section 353 IPC and Section 3 (1) (x) of the Act; that the trial Court had erroneously acquitted the accused for the aforesaid offences, though there is ample evidence on record; that 2nd respondent/ accused got acquaintance with P.W.1 and there is ample evidence to substantiate the same and ultimately prayed to allow the appeal and set aside the judgment of the trial Court and convict the 2nd respondent/accused for the offences under Section 353 IPC and Section 3 (1) (x) of the Act.