Telangana High Court
Kurma Mahesh , Bhaskar, Nizamabad ... vs The State Of Ap., Through Pp., High ... on 7 February, 2025
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 89 OF 2012
JUDGMENT:
This appeal is filed by the appellant/A1 aggrieved by the
conviction recorded by the Special Judge for Trial of Cases under
SCs/STs (PoA) Act-cum-VIII Additional District Judge at
Nizamabad, in S.C.No.01 of 2011, dated 18.01.2012, for the
offence under Section 3(1)(x) of the SC/ST (PoA) Act, 1989, Section
3(a) of Protection of Civil Rights Act, 1976 and under Section 324
of the Indian Penal Code. A2 and A3 were found not guilty for the
said offences.
2. Heard learned counsel for the appellant and learned
Asst.Public Prosecutor for the respondent-State.
3. The case against the appellant is that on 06.06.2010 at 9.30
A.M., PW.1 along with his newly wedded wife and sisters went to
the Yellamma temple. There, the appellant herein and two others
abused him in filthy language by taking his caste name and
uttered as follows:
"Ore Takva Kulam Mala Munda Koduka Neeku Emi
Arhatha Undira, Gudiloki ravadaniki" (You, lower caste
bastard, you do not have any right to enter the temple.)
Further, A1 stabbed PW.1 in the stomach and kicked him with
legs.
4. Complaint was lodged at 4.00 p.m. on the same day.
Complaint-Ex.P1 was registered under Sections 324 of the Indian
Penal Code and 3 (1) (x) of the SC/STs (PoA) Act. The Police
concluded investigation and filed charge sheet under the above
provisions and also under Section 3(a) of the Protection of Civil
Rights Act.
5. PW.1 narrated regarding the incident that PW.2 is the newly
wedded wife of PW.1 and on 06.06.2010 at about 9.00 A.M., he
along with his wife and two sisters went to Yellamma temple to
perform pooja. There A1 stopped them, abused them in the name
of caste. PW.3-sister of PW.1, is the eye-witness and corroborated
the version of PWs.1 and 2.
6. PW.4 is the scene of offence panchanama witness, who
witnessed the seizure of the knife at the instance of A1.
7. PW.5 issued FIR basing on the complaint and PW.6
conducted investigation. The successor of PW.6 namely
Mohd.Zafer Javid filed charge sheet.
8. Learned Counsel for the appellant would submit that there
is a delay of nearly 7 hours in lodging the complaint. The delay is
not explained. Further, the counsel argued that one Zafer Javid
filed charge sheet who was not authorized to investigate and PW.6
who is the SDPO (Sub-divisional Police Officer) without any
authorization, handed over the investigation to the said Zafer
Javid, as such, the investigation is void for not following rule-7 of
the SC/STs (PoA) Rules, 1995.
9. Section 3(1)(x) of the SC/STs (PoA) Act, reads as follows:
"3. Punishments for offences atrocities.--3 [(1) Whoever,
not being a member of a Scheduled Caste or a Scheduled
Tribe,
(x) intentionally insults or intimidates with intent to
humiliate a member of a Scheduled Caste or a Scheduled
Tribe in any place within public view;"
10. Section 3(a) of the Protection of Civil Rights Act, reads as
follows:
"3. Punishment for enforcing religious disabilities.--
Whoever on the ground of "untouchability" prevents any
person--
(a) from entering any place of public worship which is
open to other persons professing the same religion or any
section thereof, as such person;"
11. PW.1 has narrated as to what transpired in the temple when
he went there along with his newly wedded wife and two sisters.
PW.3-sister of PW.1 also corroborated the version of PWs.1 and 2.
The argument of the learned Counsel that there is a delay in
lodging the complaint has no relevance in the present facts of the
case. The incident happened at 9.30 a.m., and at 4.00 p.m., PW.1
went to the Police Station and lodged a complaint. The delay in
present facts is of no consequence, since PW.1 was newly wedded,
he was humiliated when he went to the temple and also injured
with the knife. PW.1 then went to the doctor, got himself treated.
Ex.P5 is the wound certificate. In the wound certificate it is
mentioned that there is an incised wound on the abdomen,
however, the injury was simple in nature.
12. Learned Counsel relied on the Judgment of Honourable
Supreme Court in Rajeevan and another v. State of Kerala 1.
The Honourable Supreme Court was dealing with a case of the
High Court reversing acquittal order of the trial Court. In the facts
of the said case, the Honourable Supreme Court found that the
delay of 12 hours in lodging the complaint was not explained and
fatal to the prosecution case.
(2003) 3 Supreme Court Cases 355
13. The facts in the present facts differ. The other ground raised
by the learned counsel is that under Rule-7 of the SC/STs (PoA)
Rules, 1995, only the SDPO (Sub-divisional Police Officer) was
authorized to investigate. As seen from the evidence of PW.6, he
had taken up investigation, conducted scene of offence
panchanama, examined witnesses and thereafter, the appellant
and another were arrested. His successor namely Mohd.Zafer
Javid arrested A3 and thereafter concluded investigation. It is not
in dispute that Mohd.Zafer Javid is also SDPO (Sub-divisional
Police Officer) of the area. The charge sheet reflects that
Mohd.Zafer Javid is also SDPO, Bodhan. SDPOs are authorized to
investigate into the cases of offences under SC/STs (PoA) Act.
Filing of charge sheet by Mohd.Zafer Javid is not in violation of
Rule-7 of the SC/STs (PoA) Rules, 1995.
14. For the aforesaid reasons, there are no grounds to interfere
with the findings of the learned Special Sessions Judge. However,
the sentence of imprisonment under Section 3(1)(x) of the SC/STs
(PoA) Act, is reduced to six months. The conviction and sentence
under Section 324 of Indian Penal Code and Section 3(a) of the
Protection of Civil Rights Act, are maintained.
15. Accordingly, Criminal Appeal is partly allowed. Since
appellant is on bail, the concerned Court below is directed to
cause appearance of the appellant and send him to prison to serve
out the remaining part of the sentence.
_________________
K.SURENDER, J
Date: 07.02.2025
tk
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 89 OF 2012
Date: 07.02.2025
tk
