BAIL SLIP

The Appellant / Accused namely Akthar @ Akthar Basha

S/o.Khadar & Khadar Mohideen was directed to be released on bail

as per order of this court dated 27.11.2015 made in MP.No.1/2015

in Crl.A.No.737/2015.

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.

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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)

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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