The main legal point established in the judgment is the requirement for the prosecution to prove the charges beyond reasonable doubt, and the court's duty to consider material contradictions in the evidence presented.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374(2) of Criminal Procedure Code, praying to set aside the judgment of conviction and sentence imposed by the learned Sessions Judge, Special Court,, Villupuram, made in Special Case No.151 of 2015, dated 19.05.2017, and acquit the appellant / sole accused from the charges.)

1.Convicted sole accused, is the appellant herein. The Criminal Appeal has been filed against the judgment dated 19.05.2017 of the learned Sessions Judge, Special Court, Villupuram in Spl.Case No.151 of 2015, convicting the appellant for offence under Section 3(1)(x) of the SC/ST (POA) Act, 1989 and sentencing him to undergo simple imprisonment for one year and to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for three months for the said offence.

2. The case of the prosecution in brief is as follows:

(i) The respondent police filed a final report in PRC No.8 of 2011 (Ulundurpet Police Station in Cr.No.442 of 2010) before the learned Judicial Magistrate No.1, holding that the accused had committed an offence under Section 506(i) IPC and 3(1)(x) of SC/ST Act and the same was taken on file and made over to the learned Sessions Judge, Villupuram, as S.C.No.484 of 2013 and made over to the Special Court, Villupuram.

(ii).The learned Sessions Judge, Villupuram, has framed charge under Section 506 (i) of the IPC and 3(1)(x) of the SC/ST (POA) Act. The accused denied the charges and claimed to be tried.

(iii) During the trial, the prosecution examined PW1 to PW10 and Ex.P1 to Ex.P9 were marked. On the side of the defence, no oral or documentary evidence, has been let in.

(iv) Based upon the oral and documentary evidence produced before the Sessions Court, more specifically, the oral evidence of PW1, PW4 to PW6, the learned Sessions Judge, has come to the conclusion that the accused had intentionally insulted PW1, PW2 and PW4 to PW6 (as could be seen at paragraph No.11(s) of the judgment) and laid the conviction and sentence as stated supra and hence, the appeal.

3. The learned counsel for the appellant/accused could contend that

(i) FIR is not preferred by PW1 and the author of Ex.P1- complaint is not cited as a witness nor examined during the trial.

(ii) except interested witnesses, other witnesses have not supported the case of the prosecution and there is no independent witness for corroborating the evidence of PW1

(iii) there is a material contradiction of the versions of PW1-defacto complainant, PW4-occurrence witness and PW10-Investigation officer.

4. The learned Government Advocate (Crl. Side) made submissions in support of the judgment of the learned Sessions Judge.

5. Heard the learned counsel appearing for the appellant/accused and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

6. The points for consideration in this appeal are as follows:

(i) Whether the prosecution has proved the charges in the manner known to law?

(ii) Whether the conviction passed by the learned Sessions Judge is sustainable in law?

(iii) Whether the sentence passed is in commensurate with the charges.

7. As stated supra, during the trial, the defacto complaint- Sundaramoorthy, was examined as PW1 and one of the occurrence witness PW2-Arun, turned hostile. Attestor of the observation mahazar PW3- Marimuthu, also turned hostile. PW4-Balusamy, PW5-Elumalai and PW6- Jayabal, are projected as occurrence witnesses and the version of those witnesses are discussed infra.

8. PW8-Sivagnanam, is a revenue witness viz., Thasildar, Ulundurpet and he has deposed and filed Ex.P4-caste report with respect of the community of PW1, PW2, PW4 to PW6, the accused viz., Kattaiyan @ Pavadai and one Masilamani.

9. PW10-Ganesan, the investigation officer has deposed regarding the receipt of Ex.P1-complaint, registration of Ex.P5-FIR