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2023 Supreme(Mad) 1199
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
Vinayagamoorthi – Appellant
Versus
The State represented by its Inspector of Police, Villupuram & Another – Respondents
Criminal Appeal No. 514 of 2020
Decided On : 01-03-2023
For the Appellant:S. Saravanakumar, Advocate. For the Respondents: R1, S. Sugendran, Additional Public Prosecutor, R2, No Appearance.
The judgment establishes the importance of protecting the rights of the Scheduled Caste community and preventing discrimination and humiliation based on caste identity.
Headnote:
Criminal Appeal - SC/ST Act - Sections 294(b), 506(i), 355 IPC read with Sections 3(1)(r), 3(1)(s), 3(1)(za)(C), 3(2)(va) of SC/ST (PoA) Amendment Act 2015 - The court discussed the offenses under the SC/ST (PoA) Amendment Act 2015 and the related sections of the Indian Penal Code. The key legal provisions of SC/ST (PoA) Amendment Act 2015 were interpreted to establish the guilt of the accused for the offenses under Sections 3(1)(r) and 3(1)(s) of the Act. The court emphasized the importance of protecting the rights of the Scheduled Caste community and preventing discrimination and humiliation based on caste identity.
Fact of the Case:
The appellant was convicted for offenses under the SC/ST (PoA) Amendment Act 2015 after scolding and humiliating a member of the Scheduled Caste community and attempting to beat him with a Chappal.
Finding of the Court:
The trial Court found the appellant guilty for the offenses under Sections 3(1)(r) and 3(1)(s) of SC/ST (PoA) Amendment Act, 2015 and convicted and sentenced him. The Court dismissed the appeal and directed the respondent police to secure the appellant to undergo the remaining period of sentence if any.
Issues: The issues revolved around the occurrence of the offense, the delay in registering the FIR, and the credibility of the prosecution's evidence.
Ratio Decidendi: The court emphasized that the defect in the investigation may not be a sole ground to prevent the administration of justice and upheld the conviction based on the evidence presented.
Final Decision: The Criminal Appeal was dismissed, and the appellant was directed to undergo the remaining period of sentence if any.
JUDGMENT
(Prayer: Criminal Appeal filed under Sections 374(2) of Criminal Procedure Code, praying to set aside the conviction and sentence against the appellant in Special Case No.76 of 2018 passed by the learned Special Judge, Special Court for SC/ST Act Cases, Villupuram dated 08.09.2020 and allow this appeal.)
1. This Criminal Appeal has been filed seeking to set aside the conviction and sentence passed against the appellant in Special Case No.76 of 2018 by the learned Sessions Judge, Special Court for Exclusive trial of Cases registered under SC/ST (POA) Act Cases, Villupuram, dated 08.09.2020.
2. The respondent police registered the case in Crime No.100 of 2018 against the accused/appellant herein for the offences under Sections 294(b), 506(i) IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (PoA) Amendment Act 2015 @ into Sections 294(b), 506(i), 355 IPC read with Sections 3(1)(r), 3(1)(s), 3(1)(za)(C), 3(2)(va) of SC/ST (PoA) Amendment Act 2015 and after investigation, laid charge sheet before the Sessions Judge, Special Court for Exclusive trial of Cases registered under SC/ST (POA) Act Cases, Villupuram, for the offences under Sections 294(b), 506(i), 355 IPC read with Sections 3(1)(r)(s), 3(1)(z)(a)(c), 3(2)(va) of SC/ST (PoA) Amendment Act, 2015. The learned Sessions Judge, taken the charge sheet on file in Special Case No.76 of 2018 and after completing the formalities, framed the charges for the offences under Sections 294(b), 355 IPC read with Sections 3(1)(r), 3(1)(s), 3(1)(za)(c), 3(2)(va) of SC/ST (PoA) Act.
3. After framing of charges and completing the formalities, in order to prove the case of the prosecution during trial before the trial Court, on the side of the prosecution totally 13 witnesses were examined as P.W.1 to P.W.13 and 7 documents were marked as Ex.P.1 to Ex.P.7 and no material object was exhibited.
4. After completing the examination of the prosecution witnesses, when incriminating circumstances culled out from the evidence of the prosecution witnesses were put before the accused by questioning under Section 313 Cr.P.C, the accused denied the same as false and pleaded not guilty. On the side of the defence, no oral or documentary evidence was produced.
5. On conclusion of trial after hearing the arguments advanced on either side, considering the material evidence, the trial Court found the guilt of the accused for the offences under Sections 3(1)(r) and 3(1)(s) of SC/ST (PoA) Amendment Act, 2015 and convicted and sentenced him to undergo 2 years rigorous imprisonment and to pay fine of Rs.1,000/- indefault, to undergo simple imprisonment for a further period of 3 months for the offence under Section of 3(1)(r) of SC/ST (POA) Amendment Act, 2015; to undergo 2 years rigorous imprisonment and to pay fine of Rs.1,000/- indefault, to undergo simple imprisonment for a further period of 3 months for the offence under Section 3(1)(s) of SC/ST (POA) Amendment Act, 2015. However, the accused was not found guilty for the offences under Sections 355 IPC and 3(2)(va), 3(2)(za)(c) of SC/ST (POA) Amendment Act, 2015 and thereby, he was acquitted from the said charges. Further, the trial Court has observed that since the accused was convicted for the offences under Sections 3(1)(r) and 3(1)(s) of (POA) Amendment Act, 2015, no separate sentence was ordered for the offence under Section 294(b) IPC and both the sentences were ordered to be run concurrently and the period of sentence which was already undergone by the accused, was ordered to be set off under Section 428 Cr.P.C.
6. Aggrieved over the said Judgment of conviction and sentence, the accused has filed the present appeal before this Court. However, against the Judgment of acquittal of the accused for the above said charges, neither the State nor the victim has filed any appeal.
7. The specific case of the prosecution is that on 08.02.2018, in the Sivan Temple, near the market bund at Thiyagadurgam, there was a construction of compound wall was going on and the villa
