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2015 Supreme(AP) 253
In the High Court of Judicature at Hyderabad
U. DURGA PRASAD RAO, J.
Puli Dinesh Babu – Petitioner
Versus
The State of Telangana Rep. by its Public Prosecutor & Others - Respondents
Criminal Petition No. 14605 of 2014
Decided On : 03-06-2015
For the Petitioner: Party-in-person.
For the Respondents: R1, Public Prosecutor.
Headnote:
Criminal Law – Criminal Trial – Criminal Produce Code, 1973 – Section 482 – Indian Penal Code,1860 – Sections 201 and 509 – of A.P. Prohibition of Ragging Act, 1997 – Sections 3 and 4(1) – Ragging – Word, gesture or act intended to insult the modesty of a woman – Seeks to quash the proceedings – Allegations petitioner accused who appeared in person firstly argued that complainant was not a student of College in sense that in the said college, Christians alone will be admitted in different courses but though the complainant was not a Christian, she got admitted into College illegally and hence she cannot be considered as student of ACT College and the provisions of A.P. Ragging Act have no application to her – Provisions are conjunctly studied, one can understand that ragging is an act which is aimed at a student to cause or likely to cause insult or annoyance of fear or apprehension or threat or intimidation or outrage of modesty or injury. So, if the acts of offender-student produce any of the above results against the victim student the offender-student can be held liable for ragging definition of ‘student’ would show that he/she is a person who is admitted to an educational institution and whose name is lawfully borne on the attendance register admitted to educational institution’ does not necessarily confine to fresh or junior student alone to hold that if subjected to ragging only, the provisions of the Act are applicable – Held, Sensational ragging case reported in facts were that the deceased girl was a final year MCA student in PG college, Vijayawada and on when she was preparing for viva-voce examination sitting on the bench of the class room, the accused who was her classmate went behind her and brutally hacked her to death on the ground that she did not accept his love. Apart from convicting and sentencing him for the offence under Section 302 IPC, the learned Sessions Judge convicted him also for the offences under Section 4 of AP Prohibition of Ragging Act, Section 27of Arms Act and Section 201 IPC but no punishment was awarded for the said offences as he was ordered to suffer extreme penalty of capital punishment appeal High Court converted the death sentence imposed by the trial Court into life imprisonment – Criminal Petition is dismissed.
1. In this petition filed under Section 482 Cr.P.C., the petitioner/accused seeks to quash the proceedings in C.C.No.1167 of 2012 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad.
2. On the report given by defactocomplainant, the police of Gandhinagar P.S registered a case in Cr.No.263 of 2012 and after investigation laid charge sheet against the accused for the offences under Sections 3 and 4(1) of A.P. Prohibition of Ragging Act, 1997 (for short “A.P Ragging Act”) and Section 509 IPC. The prosecution case briefly is that the defactocomplainant—M.Sreedevi was a final year student of Bachelor of Theology (B.Th.) in Andhra Christian Theological College, Gandhinagar, Hyderabad. The accused was pursuing 3rd year Bachelor Divinity (BD) course in the same college and he was ragging her since last two years in different manner and also other students.
3 a) Denying the allegations the petitioner/accused who appeared in person, firstly argued that the 3rd respondent/complainant was not a student of Andhra Christian Theological College (ACT College) in the sense that in the said college, Christians alone will be admitted in different courses but though the complainant was not a Christian, she got admitted into College illegally and hence, she cannot be considered as student of ACT College and the provisions of A.P. Ragging Act have no application to her.
b) Secondly, he argued that when the definition of ‘student’ given in Section 2(f) of A.P. Ragging Act is perused, it would disclose that the emphasis is on fresher or a junior student who is subjected to ragging but not a senior student and therefore, even if the allegations in the complaint and charge sheet are uncontroverted, the provisions of A.P. Ragging Act will have no application to the present case since the complainant on her own admission was a student of B.Th. final year.
c) Thirdly, he argued that the petitioner was an intelligent and innocent student. While he was pursuing 3rd year B.D. Course he used to point out certain illegalities of the college management and therefore, the college authorities set up the third respondent/complainant to give a false complaint. On the above pleas the petitioner sought for quashment of proceedings.
4. In oppugnation, learned Additional Public Prosecutor vehemently argued that the statements of complainant and other students would clearly show the vigorous ragging activities conducted by the petitioner and in view of strong material placed against him by the prosecution, his petition may be dismissed.
5. In the light of above rival arguments, the point for determination is:
“Whether there are merits in this petition to allow?”
6. POINT: The admitted facts are that during the relevant period the petitioner/accused was pursuing 3rd year B.D. Course in ACT College. The accusation against him is that he ragged the complainant and other students in the said college and tried to outrage their modesty. The first argument of the petitioner is that Senate of Serampore College (University) would offer Theology degrees to Christians alone and the complainant was not a Christian but illegally got admitted into ACT College and therefore, she cannot be termed as ‘student’ within the meaning of A.P. Ragging Act.
a) In this context, when the copy of Admission Form for 2009—2010 issued by ACT College, Gandhinagar, Hyderabad filed by the petitioner is perused, one of the admission requirements therein reads thus:
“(c) He/she seeking admission into B.D. Five Years/B.D. Four years must be a Christian as per the academic records. In case of the candidates coming from adult Baptism practicing churches they should secure a declaration that they are Christians from concerned MRO (Mandal Revenue Officer) and a copy of the same should be sent along with application.”
So, basing on this requirement, perhaps the petitioner argued that student
