Telangana High Court
Kokkula Venkanna, Kachikanti V, ... vs The State Of A.P., Rep. By P.P., ... on 14 July, 2022
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1694 OF 2009
JUDGMENT:
1. The sole appellant was convicted for the offence under Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, while acquitting the appellant for the charge under Section 417 of IPC vide judgment dated 25.11.2009 in Spl.S.C.No.23 of 2009 passed by the Special Judge for trial of cases under SCs & STs (POA) Act, 1989, Adilabad (for short 'the learned Sessions Judge').
2. It is the case of the prosecution that P.W.1 and the appellant were known to each other since childhood and they were fond of each other. The appellant was always stating that he would marry P.W.1 and they had physical relation resulting in pregnancy. When questioned, the accused refused to marry P.W.1. P.W.1 was taken to the hospital by her parents and the Doctor refused to remove the pregnancy as the pregnancy was advanced stage of 9 months. Aggrieved by the said act of not marrying P.W.1 as she belong to Gond community complaint under Ex.P1 was lodged.
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3. The prosecution examined P.W.1, who is the victim girl and the father P.W.2. P.W.2 stated that the accused and P.W.1 knew each other since childhood. The accused denied that he was responsible for the pregnancy of P.W.1 and also informed that he would not marry P.W.1. for which reason of cheating, complaint was filed.
4. The elders of the village, P.Ws.3, 4, 7 and 8, turned hostile to the prosecution case and did not mention anything about any relation between P.W.1 and the accused and also that P.W.1 was pregnant.
5. The prosecution examined P.W.10, who examined the dead baby girl of P.W.1. He issued certificate stating that the baby girl died due to 'cardio respiratory failure, secondary to prematurity and respiratory distress'. Further DNA sample was also taken from the body of the deceased baby and sent for examination. Ex.P11 is the report of DNA test. As per Ex.P11, DNA testing could not be completed as sample was degraded and consequently no opinion was given. 3
6. Learned Sessions Judge, on the basis of evidence found that the appellant was not guilty for the offence of cheating as the ingredients of Section 417 were not attracted. Even according to P.W.1, both of them knew each other since their childhood and their physical relation was consensual.
7. However, the learned Sessions Judge found the accused guilty for the offence under Section 3(1)(xii) of the SCs and STs (POA) Act, 1989, the same is extracted hereunder;
"3. Punishments for offences of atrocities.--
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,--
(xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;"
8. When the allegation of cheating is not proved, the question of being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and using that position to exploit her sexually cannot be made out from the facts of the present case. For the said reason, the conviction recorded under Section 3(1)(xii) of the SCs & STs (POA) Act, 1989 is liable to be set aside.
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9. In the result, the conviction by the learned Sessions Judge, vide judgment dated 25.11.2009, against the appellant for the offence under Section 3(1)(xii) of the SCs & STs (POA) Act, 1989 is set aside and appellant is acquitted.
6. Accordingly, the Criminal Appeal is allowed and bail bonds stand cancelled.
__________________ K.SURENDER, J Date: 14.07.2022 kvs 5 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1694 OF 2009 Date: 14.07.2022.
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