IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 24.08.2021 PRONOUNCED ON : 27.08.2021 CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.A.No.737 of 2015 Akthar @ Akthar Basha ... Appellant/Accused Vs.

The State represented by, The Deputy Superintendent of Police, Gingee Sub-Division, Villupuram District.

Ananthapuram Police Station, Crime No.15 of 2012 ... Respondent/Complainant Prayer: This Criminal Appeal has been filed under Section 374(2) of Cr.P.C to set aside the judgment dated 19.11.2015 made in Spl.S.C.No.127 of 2015, on the file of the learned District and Sessions Judge, special cases for SC/ST Act cases, Villupuram.

For Petitioner : Mr.R.Vivekananthan For Respondent : Mr.R.Vinoth Raja Government Advocate

JUDGMENT

(The case has been heard through Video Conference)

The convicted first accused is the appellant herein.

2.This Criminal Appeal has been filed to challenge the judgment passed in Spl.S.C.No.127 of 2015, by the learned District and Sessions Judge, special cases for SC/ST Act cases, Villupuram, dated 19.11.2015.

3(a).The case of the prosecution is that in the complaint given by one Subburayan (PW1), it is stated that the complainant and the accused are having adjacent lands. On 15.01.2012 at about 5.00 p.m., while the complainant was working in his land, at the time, the appellant herein and his brother trespassed into his land and threatened him to cut the palm trees situated in his land and when the same was questioned by the complainant, the appellant and his brother used filthy language and also abused complainant's community name and threatened him with dire consequences. Hence, the complainant has preferred a complaint before the Anadapuram police station.

3(b).Based upon the complaint given by the complainant, the Inspector of Police, Ananthapuram, Gingee Taluk, has registered a case in Crime No.15 of 2012 for offence under Section 294(b), 447, 506(ii) of IPC read with Section 3(1)(x) of SC/ST Act as against the appellant and another and the same were shown as under:

Offence committed by the accused persons	Charges framed under Section	Rank of the accused persons
For abusing in public place	294(b) IPC	A1 & A2
For tresspassing	447 of IPC	A1 & A2
For threatening with dire consequences	506(ii) of IPC	A1 & A2
Abusing by utterance of caste word(SC/ST)	3(1)(x) of SC/ST Act	A1 & A2

Thereafter the case was forwarded to the respondent for investigation. After investigation, the respondent herein had filed a final report before the learned Judicial Magistrate, Gingee and the learned Magistrate has transferred the case to the learned District and Sessions Judge, special cases for SC/ST Act cases, Villupuram. The Lower Court had framed charges against A1 & A2 for alleged offence under Sections 294(b), 447, 506(ii) of IPC read with Section 3(1)(x) of SC/ST Act.

4.During the course of trial in Spl.S.C.No.127 of 2015, on behalf of the complainant seven witnesses were examined as PW1 to PW7 and Exs.P1 to P6 were marked; on behalf of the accused no witness has been examined and no document has been marked; no material object has been marked.

5.After taking into consideration the facts and circumstances of the case, the learned Judge has acquitted A1 from the charges framed under Sections 294(b), 447, 506(ii) of IPC and convicted A1 for the charge framed under Section 3(1)(x) of SC/ST Act and imposed six month imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month imprisonment. Further, the learned judge has acquitted A2 from all the charges framed against him by the Trial Court. Aggrieved against the same, the first accused has filed the present Criminal Appeal before this Court.

6.Heard both the learned counsels and perused the materials placed on record.

7.The learned counsel for the appellant would contend that the ingredients of Section 3(1)(x) of SC & ST Act has not been proved in the manner known to law and final report in this case has been filed after 30 days

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