JUDGMENT

Dated this the 25th day of August, 2023 This appeal has been filed under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as “the SC/ST (POA) Act” for convenience) at the instance of the 3rd accused in Crime No.703/2022 of Upputhara Police Station, Idukki where the prosecution alleges commission of offences punishable under Sections 120B, 167, 195, 204, 211, 341, 348, 465, 294(b), 506(i), 330 and 201 read with 34 of IPC as well as under Section 3(1)(P), 3(1) (S), 3(2)(i), 3(2)(i)(ii), 3(2)(vii) and 3(2)(va) of the SC/ST (POA) Act.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor. Though notice was served upon the defacto complainant as mandated under Section 15 A(3) of the SC/ST (POA) Act and the learned Public Prosecutor placed memo showing service of notice, the defacto complainant did not appear.

3. The prosecution case runs on the premise that the accused, in their capacity as Forest officials, had inspected the autorickshaw of the second respondent at the Vanmavu Checkpost in Kizhukkanam Section of Idukki Wildlife Sanctuary at about 9.00 am on 20.09.2022. On inspection, the s