HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1269 of 2009
JUDGMENT:
1. The State is aggrieved by the judgment in SC No.114 of 2003 dated 29.12.2004 passed by the I Additional Sessions Judge at Karimnagar, whereby it was found that the respondent/accused not guilty for the offence under Section 3(1)(x) of SCs/STs (POA) Act and Section 324 of IPC, present appeal is filed.
2. The case of prosecution is that on 10.10.2002 P.W.1 filed complaint stating that the accused abused him in the name of caste and beaten indiscriminately with the stick for not paying the amount due. The police, after investigation charge sheeted the accused for the said offences.
3. P.W.1, who is the victim stated that he was a subscriber to chit of Rs.10,000/- which was being run by the accused. Though the installments were paid, the accused demanded more money and beat him in the room of his finance office, for which reason, he sustained injuries on his leg and shoulders. 2
4. PW1 lodged complaint Ex.P1 which is undated and Ex.P2 receipt was issued by the SHO on 04.10.2002. However, the statement was recorded on 10.10.2002. P.Ws.2, 3 and 6 supported the version of prosecution. However, P.Ws.4, 5 and 7 turned hostile to the prosecution case.
5. The learned Sessions Judge acquitted the accused on the ground that Ex.P1 complaint does not bear any date, but it shows that it was received on 10.10.2002. There is no mention about any delay in lodging the complaint though it is alleged that the incident happened on 04.10.2002.
5. The victim/P.W.1 was examined by the Doctor on 26.10.2002, who found that the injuries were fresh in nature when examined. Admittedly, P.W.1 was examined after a period of six days and the question of injuries which were admittedly found to be fresh in nature at the time of examination does not arise. Though the witnesses P.Ws.1, 2, 3 and 6 speak about their examination on 04.10.2002, however the crime was registered on 10.10.2002. The prosecution has failed to give any cogent and convincing reasons for the delay of nearly six days in registering the crime. The alleged 3 stick was also not recovered and injuries which are contusion left forearm and tenderness of the left ankle could have been caused by a fall on hard surface.
6. P.W.1 stated that he has received injuries on the hands by unknown person during medical examination. The learned Sessions Judge has found several discrepancies regarding the evidence of prosecution witnesses. Further, the prosecution failed to explain the delay of six days in lodging the complaint. Witnesses themselves speak about examination on 04.10.2002. However, subsequently state that they were examined after 10.10.2002 by DSP. All the discrepancies go to the root of the prosecution case and makes the version of P.W.1 and prosecution unbelievable.
7. The Hon'ble Supreme Court in the case of Radhakrishna Nagesh v. State of Andhra Pradesh1 held that under the Indian criminal jurisprudence, the accused has two fundamental protections available to him in a criminal trial or investigation. Firstly, he is presumed to be innocent till proved guilty and secondly that he is entitled to a fair trial and investigation. Both 1 (2013) 11 supreme court Cases 688 4 these facets attain even greater significance where the accused has a judgment of acquittal in his favour. A judgment of acquittal enhances the presumption of innocence of the accused and in some cases, it may even indicate a false implication. But then, this has to be established on record of the Court.
8. Unless there are convincing and cogent reasons to interfere with the judgment of acquittal, the appellate court while dealing with the appeal against acquittal, cannot interfere to reverse the finding of acquittal. For the aforesaid reasons, the State has not made out any grounds to reverse the well reasoned judgment of the trial Court.
9. For the aforementioned reasons, the Criminal Appeal is liable to be dismissed and accordingly dismissed.
_________________ K.SURENDER, J Date: 28.09.2022 kvs 5 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1269 OF 2009 Dated: 28.09.2022 kvs