The main legal point established in the judgment is that the prosecution must prove the intention to outrage the modesty of a victim to sustain a charge under Section 3(1)(xi) of S.Cs & S.Ts (POA) Act, and discrepancies or improvements in evidence can impact the court's decision.

JUDGMENT :

Challenge in this Criminal Appeal is to the judgment, dated 20.10.2009 in Special Sessions Case No.9 of 2008, on the file of Special Sessions Judge for S.Cs & S.Ts (POA) Act, Kadapa (“Special Sessions Judge” for short), where under the learned Special Sessions Judge found the present appellant/A.1 guilty of the charges under Section 3(1)(xi) of S.Cs & S.Ts (POA) Act and Section 324 of the Indian Penal Code (“IPC” for short), convicted him under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence under Section 3(1)(xi) of S.Cs & S.Ts (POA) Act and further sentenced him to undergo rigorous imprisonment for six months for the offence under Section 324 of IPC and that both the sentences shall run concurrently. The learned Special Sessions Judge by virtue of the said judgment, found A.1 not guilty of the charges under Section under Section 3(1)(x) of S.Cs & S.Ts (POA) Act and Section 509 of IPC and further A.2 found not guilty of the charge under Section 323 of IPC and accordingly acquitted them under Section 235(1) of Cr.P.C.

2) The parties to this Criminal Appeal will hereinafter be referred to as described before the Special Sessions Court for the sake of convenience.

3) The Special Sessions Case No.9 of 2008 arose out of a committal order in PRC No.16 of 2007, on the file of Judicial First Class Magistrate, Jammalamadugu.

4) The case of the prosecution, in brief, according to the charge sheet filed by the Sub Divisional Police Officer, Jammalamadugu, alleging the offences under Sections 323, 324, 509 of IPC and Section 3(1)(x) of S.Cs & S.Ts (POA) Act, 1989, is as follows: (i) The de facto complainant-Gunagalla Sivaiah (L.W.1) is resident of Peddapasupala Village, Peddamudiam Mandal and he belonged to Madiga caste which comes under the category of scheduled caste. L.W.1 is eking his livelihood by doing coolie work.

(ii) On 28.01.2007 at 9-30 p.m., he learnt that watchmen, who were appointed by the village elders, confined two cows and one calf in the cattle pound as the cattle grazed the fields. Without knowing the same, L.W.2-G. Obulamma, mother of L.W.1, searched for the cattle. Later, she learnt about the confinement of cattle and paid Rs.90/- as penalty. While taking the cattle, L.W.2 questioned the act of the accused even for not providing water to the cattle. Then the accused scolded L.W.2 in the name of caste as “YEME MADIGA LANJAA NEEVU NANNU ADIGE DANIVA NEEKU PETTUTHANU RAVE” and insulted her modesty and humiliated her in the public. By abusing so, the accused assaulted L.W.2 in the public view by dragging her. L.W.1 intervened and when questioned about the act of accused, A.1 voluntarily caused simple hurt to him by beating with a stout stick on the left side of the forehead. L.W.1 sustained severe bleeding injury. A.2 fisted L.W.1 on his face, as a result, he sustained swelling injury. L.W.6-G. Mallikarjuna, L.W.7-Y. Veeraiah and L.W.8-M. Bala Sanjamma witnessed the occurrence. L.W.1 and L.W.2 escaped from the clutches of accused. When L.W.3-G. Nadipi Mallanna came to the house of L.W.1 and L.W.2, they informed the same to him. Later, L.W.1 to L.W.3 accompanied by L.W.4-C.M. Darganna and L.W.5-Y.C. Chinnaiah, went to Peddamudiam Police Station and presented a report. L.W.12-B. Rama Krishna, Sub Inspector of Police, registered a case and investigated into. L.W.1 was referred to Government Hospital, Jammalamadugu.

(iii) The Superintendent of Police, Kadapa, issued proceedings appointing L.W.13-K. Narasimhulu, Sub Divisional Police Officer, Jammalamadugu, as investigating officer. L.W.13 visited the scene of offence, observed the same and prepared rough sketch. During investigation, on 02.02.2007 he arrested the accused and sent them for remand. He obtained caste certificate of