BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 27.10.2025

Delivered on : 28.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

CRL.A(MD).No. 869 of 2024

and

Crl.M.P(MD)No.11337 of 2024

Sasikumar : Appellant

Vs.

1.State rep.by the Deputy Superintendent of Police,

Periyakulam Sub Division, Periyakulam Police Station,

Theni District. Crime No.357 of 2016.

2.Muthurengan : Respondents

Prayer : This Criminal Appeal is filed under Section 415 of B.N.S.S., (378 of Cr.P.C)., to call for the records pertaining to the order, dated 16.08.2024 in Spl.S.C.No.52 of 2020 on the file of the Special Court for trial of cases

under SC/ST (PoA) Act, Theni and to set aside the same.

For Appellant : Mr.Sivaprakash,

For Respondents : Mr.K.Gnanasekaran,

Government Advocate (Criminal Side) for R1.

: No Appearance, for R2.

JUDGMENT

This Criminal Appeal is directed against the judgment made in Spl.S.C.No.52 of 2020, dated 16.08.2024 on the file of the Special Court for trial of cases under SC/ST (PoA) Act, Theni.

2.The appellant is the sole accused in Spl.S.C.No.52 of 2020 on the file of the Special Court for trial of cases under SC/ST (PoA) Act, Theni.

3. The case of the complainant is that on 14.09.2016 at 09.20 pm., the complainant was travelling in a two wheeler with his friend Arun Prakash as pillion rider and after dropping his friend in his house, while he was returning to his home through Benthagoste street, the accused restrained his two wheeler and abused him in filthy language using caste name and by alleging that he is coming from Dr.Ambedkar street, kicked his bike and assaulted the complainant on his left cheek, left eye and caused simple injuries and also threatened him with dire consequences and that the accused had committed offence under Sections 294(b), 341, 323, 506(i) IPC r/w 3(1)

(r), 3(1)(s) and 3(2)(va) of SC/ST (PoA) Act.

4. The learned Sessions Judge, Theni, had taken the charge sheet on file in Spl.S.C.No.1 of 2017 and furnished the copies of the records under Section 207 of Cr.P.C., on free of cost. The learned Principal Sessions Judge, on hearing the both sides and on perusal of the records, being satisfied that there existed a prima facie case against the accused framed the charges under Sections 341, 294(b), 323, 506(i) IPC r/w 3(2)(va) 3(1)(r) and 3(1)(s) of SC/ST (POA) Amendment Act 2015 and the same were read over and explained to the accused and on being questioned, he denied the charges and pleaded not guilty and claimed to be tried. Thereafter, the case was transferred to the file of the Special Court for trial of cases under SC/ST (POA) Act, Theni and the same was taken on file in Spl.S.C.No.52 of 2020.

5. The prosecution, to prove its case examined 14 witnesses as P.W.1 to P.W.14 and exhibited 9 documents as Ex.P.1 to Ex.P.9. The defence has adduced neither oral nor documentary evidence.

6. On completion of trial, the when the accused was examined under Section 313(1)(b) of Cr.P.C., with regard to the incriminating aspects found against him in the evidence adduced by the prosecution, he denied the same as false and further stated that a false case has been foisted against him. Thought the accused has stated that he is having defence evidence, be has not let in any evidence subsequently.

7. The learned Sessions Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, passed the impugned judgment, dated 16.08.2025, convicting the accused for the offence under Section 323 of IPC and sentenced him to undergo rigorous imprisonment for three months and to pay fine of Rs.1,000/- in default to undergo simple imprisonment for one month. The learned Sessions Judge, by holding that the prosecution failed to prove the charges under Sections 341, 294(b), 506(i) IPC r/w 3(2)(va) of SC/ST (PoA) Amendment Act 2015 and Sections 3(1)(r), 3(1)(s) of SC/ST (PoA) Act, acquitted the accused under Section 258(i) of BNSS. Challenging the judgment of conviction and sentence for the offence unde