JUDGMENT :

(Prayer: Criminal Appeal filed under Section 378(1)(b) of Cr.P.C., against the Judgment passed in S.C.No.160 of 2016 on the file of the learned Principal District and Sessions Court, Krishnagiri, dated 01.08.2017 and to set aside the same.)

1. The State has preferred this criminal appeal against the order of acquittal passed by the learned Principal District and Sessions Judge, Krishnagiri, in S.C.No.160 of 2016, dated 01.08.2017.

2. Initially, a case was registered by the Deputy Superintendent of Police, All Women Police Station, Hosur, in Crime No.15 of 2011 for the alleged commission of the offences under Sections 417, 376 and 506(ii) of IPC read with Section 3(2)(r) of SC/ST (Prevention of Atrocities), Amendment Act, 1989 and after investigation, based on the statements of the witnesses and documents, the Investigation Officer has laid a charge sheet for the offences under Sections 417, 376 and 506(i) IPC r/w. Section 3(1) (x) and 3(1)(xii) of SC/ST (POA) Act. The consequences quoted by the learned Sessions Judge in her Judgment is found to be incorrect. However, the learned Sessions Judge, taking into consideration the date of occurrence being 17.05.2010, has framed the charges under Sections 376 and 506(i) IPC r/w. Section 3(1) (x) and 3(1)(xii) of SC/ST (POA) Act. [It appears that the learned Sessions has passed the order based under amendment Act and not based upon the charges framed during trial on 06.10.2016].

3. The sum and substance of the final report is that the accused belonged to Boyer Community (MBC) and PW1 belongs to Adidravida Community aged about 16 years. On 17.05.2010, at about 12.00 noon against the will of PW1/victim girl, on false promise to marry her, the respondent/accused had physical relationship with her and made PW1 pregnant and when the parents of PW1 viz., PW2, PW3 and PW4/brother of PW3 asked the accused to marry PW1, he uttered caste words and thereby, committed the offence as stated supra.

4(a). The case of the prosecution is that the accused viz., Manjunath belongs to Boyer Community, a Section of community enlisted under MBC community and the victim girl viz., Roopa, aged about 16 years belongs to Adidravida Community. The accused had love affair with the victim girl. While so, on 17.05.2010 at about 12.00 p.m., the accused came to the house of PW1 and on promising to marry her, had sexual intercourse with the victim girl, without her consent and threatened her that if she discloses the matter to others, he will kill her and her mother. Thereafter, several times, the accused had sexual intercourse with the victim girl without her consent, due to that, the victim girl got pregnancy. When the parents of P.W.1 asked the accused to marry her, the accused refused to marry and abused that “TAMIL” Boyer Community “TAMIL” and also threatened with dire consequences.

4(b). Hence, the victim girl has given a complaint and based on the said complaint, a case was registered in Crime No.15 of 2011, in All Women Police Station, Hosur, for the offences under sections 417, 376, 506(i) of IPC read with Section 3(2)(r) of SC/ST Act 1989 on 17.08.2011.

4(c). After completion of thorough and detailed investigation, based on the statements of the witnesses and documents, the investigation officer has laid charge sheet for the offences under Sections 417, 376 and 506(i) of IPC read with Section 3(1)(x) & 3(1) (xii) of SC/ST (POA) Act against the accused and the same was submitted before the Judicial Magistrate Court No.II, Hosur and the number was assigned as PRC.No.15 of 2011. Subsequently, the case was committed to Court of Sessions and learned Principal District and Sessions Judge, Krishnagiri, has taken the case on file in S.C.No.160 of 2016.

4(d). During the course of trial, on behalf prosecution, PW1 to PW11 were examined and Exs.P1 to P21 were marked. On behalf of the defence, no witness has been examined and no document has been marked.

4(e). The learned Principal District and Sessions Court, Krishnag