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2024 Supreme(Online)(KER) 34203

HIGH COURT OF KERALA
C.S. Sudha, J
SHIBU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.P.VENUGOPAL (1086/92), SMT.T.J.MARIA GORETTI

J U D G M E N T

In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the accused in S.C.No.385/2014 on the file of the Special Court for SC/ST (POA) Act Cases, Manjeri challenges the conviction entered and sentence passed against him for the offences punishable under Sections 447, 323, 506 IPC and 3(1) (xi) of the SC/ST(POA) Act.

2. The prosecution case is that on 03/12/2013 at 07:00 a.m., the accused trespassed into the residential compound of PW5 and PW7 and voluntarily caused hurt to PW5 by catching hold of her hair and pulled her resulting in her dress being torn. The accused beat PW5 on the shoulder and neck. He also threatened to do away with her. The aforesaid acts were done by the accused knowing that PW5 is a member of the scheduled caste and the accused also abused and insulted her by calling her caste name. Hence as per the final report, the accused was alleged to have committed the offences punishable under the above mentioned Sections.

3. On the basis of Ext.P8 complaint of PW5, Crime no.745/2013, that is, Ext.P11 FIR, was registered by PW9, the Senior CPO, Perumpadappu police station alleging the commission of the offences punishable under Sections

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