The main legal point established in the judgment is the requirement for the prosecution to prove the accused's guilt beyond reasonable doubt, including the reliability of witness testimonies and adherence to procedural law.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure, to set aside the conviction and sentence dated 10.01.2020 passed by the learned Sessions Judge, Special Court for SC & ST (POA) Act, Namakkal, in S.C.No.10 of 2018.)

1. The present criminal appeal has been filed by the appellant to set aside the judgment of conviction and sentence dated 10.01.2020 passed by the learned Sessions Judge, Special Court for SC & ST (POA) Act, Namakkal, in S.C.No.10 of 2018.

2. The appellant is the sole accused in the above referred case. He stood charged for the offence punishable under Sections 3(1)(x) and 3(1)(ii) of SC/ST (POA) Act, 1989. By judgment dated 10.01.2020, the learned Sessions Judge, Special Court for SC & ST (POA) Act, Namakkal, found the accused guilty under Section 3(1)(x) of SC/ST (POA) Act and accordingly, convicted her and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/-, in default to undergo rigorous imprisonment for six months. In respect to the charge under Section 3(1)(ii) of SC/ST (POA) Act, 1989 the learned Sessions Judge, acquitted the accused. Challenging the said conviction and sentence, the accused is before this Court, by way of filing this Criminal Appeal.

3. The case of the prosecution is as follows:

(i) The accused Vijayalakshmi was working as a class teacher of Class-II, in Namakkal Municipality Middle School at Ramapurampudur. PW3-Sasidaran, is the victim child studying in the above said school and PW1-Veerasamy is his father. PW1 and PW3 belongs to member of Scheduled Caste (Arunthathiar). On the other hand, the accused belongs to Kongu Vellala Gounder, a caste Hindu member. On 12.11.2015 at about 3.00pm, when one of the student Mohamed Sheriff attended his natural call in his trouser itself, the accused teacher compelled PW3 to remove a piece of faeces by saying “TAMIL” and obliging the instructions given by the accused, PW3 removed the piece of faeces and after seeing the same the other students laughed.

(ii) After the said incident, PW3, returned to his house and narrated the entire incident to his parents so that on 13.11.2015 around 9 am, PW1 went to the school and asked the accused teacher, who inturn refused to the same and told to get back the transfer certificate of his son. The officials of the school education department enquired the same and initiated a departmental action against the accused. In this regard, PW1 lodged the complaint before the police officials.

(iii) On receipt of the complaint given by PW1, PW18- Mr.Gopalakrishnan, the then Sub-Inspector of Police attached to the Namakkal Police Station registered a case as against the appellant/accused in Cr.No.811 of 2015 under Section 3(1)(x) of SC & ST (POA) Act. The complaint given by PW1 and the printed FIR were marked as Ex.P1 and P10 respectively. After registering the case, PW18 sent a letter to the Superintendent of Police, Namakkal for appointing an investigation officer to investigate the case.

(iv) Later, PW19 Mr.Manoharan, the then Deputy Superintendent of Police, Namakkal, in view of the order passed by the Superintendent of Police in Na.Ka.No.G4/1820/30324/2015 dated 13.11.2015 took up the investigation and visited the scene of occurrence. In the presence of witnesses, he prepared an observation mahazar under Ex.P12. He had the rough sketch and the same has been marked as Ex.P13. He examined the witnesses and recorded their statements.

(v) On 13.11.2015 around 16.00 hours, PW19 arrested the accused and sent her to the judicial custody. He submitted a letter to PW14, for issuing a caste certificate to the accused as well as to the victim child. In turn, after getting report from PW14-Mr.Suresh, the then Village Administrative Officer and PW15-Gnanaraj, the then Revenue Inspector, PW16 issued a community certificate under Ex.P8 stating that the appellant/accused belongs to Kongu Vellalar Community. Similarly, he issued a community certif