The prosecution must prove charges beyond reasonable doubt, and non-compliance with legal procedures can lead to the dismissal of the case.

Per P. R. SHIVAKUMAR, J.

1. The first accused in S.C.No.276 of 2001 on the file of the Principal Session Judge/Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, who was prosecuted for i) an offence punishable under Section 3(1)(x) of the above said Act, ii) an offence punishable under Section 341 I.P.C. And iii) an offence punishable under Section 324 I.P.C., found guilty of and convicted for the offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 324 of I.P.C. sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.1,000/-with a direction to undergo rigorous imprisonment for a further period of two months in default of payment of fine in respect of the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to pay a fine of Rs.1,000/-with a direction to undergo rigorous imprisonment for two months in respect of the offence under Section 324 of I.P.C., has brought forth the Criminal Appeal against the said conviction recorded and sentence passed by the trial judge by judgment dated 12.7.2002.

2. Based on the complaint of P.W.1 marked as Ex.P1, a case was registered on 2.8.2000 in Crime No.268 of 2004 on the file of Annur Police Station for alleged offences punishable under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 324 of Indian Penal Code against the appellant herein (A1) and one Subramaniam, son of Ramasamy Gounder (A2), both residents of Kanuvakkarai within the jurisdiction of Annur Police Station. P.W.6, the then Deputy Superintendent of Police, Avinashi after investigation submitted a final report on the file of the learned Judicial Magistrate, Avinashi alleging commission of the offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 324 of I.P.C. by the aforesaid accused persons. The learned Judicial Magistrate, Avinashi took it on file as P.R.C.No.1 of 2001 and after furnishing copies of the records relied on by the prosecution under Section 207 of Criminal Procedure Code, committed the case for trial to the Principal Sessions Judge/Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the alleged offence under Section 3(1)(x) of the said act was exclusively triable by the Sessions Judge (Special Judge).

3. On appearance of the accused before the trial Court, charges were framed for offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 324 of I.P.C. After having the charges read over and explained, both the accused pleaded not guilty. Hence the learned Principal Sessions Judge (Special Judge) tried the case. To substantiate the charges, the prosecution examined as many as 6 witnesses as P.W.1 to P.W.6, marked 11 documents as Ex.P1 to P11 and produced one material object as MO.1. After the conclusion of the evidence for prosecution, the accused were questioned under Section 313(1)(b) regarding the incriminating materials found in the evidence adduced on the side of the prosecution. The accused denied them as false and once again reiterated that they were not guilty and the case had been cooked up against them. No witness was examined and no document was marked on the side of the accused.

4. After hearing arguments advanced on both sides, the learned trial judge considered the evidence and acquitted Subramaniam (2nd accused) holding that the charges framed against him were not proved beyond reasonable doubt. The learned Trial Judge also acquitted the first accused/ appellant herein in respect of the charge for the offence punishable under Section 341 of Indian Penal Code. However, the appellant/first accused was found