THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Appeal is filed by the appellant-accused challenging the judgment dated 08.01.2019 passed in Spl.SC No.58 of 2017 by the Special Judge for trial of cases under SCs/STs (POA)

Act cum V Additional District and Sessions Judge at Adilabad.

2. Heard Sri Y.Ashok Raj, learned counsel for the appellant and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent.

3. The case of the prosecution is that the appellant-accused and the victim belong to the same village and that they both studied together and completed graduation. In the year 2013, the accused started insisting the victim to love him, but she denied and later she agreed and thereafter the accused used to visit the house of the victim frequently and sexually exploited her by promising to marry her. Believing his words, the victim surrendered herself to accused and after one year of their relation, when the victim asked the accused to marry him he extended the same and continued physical relationship with her. In the year 2017, the accused lost his father. When the victim went to the house of the accused and asked him about their marriage, the accused promised that he would marry her after the one year death ceremony of his father. Thereafter, the victim informed to her parents about her love with the accused and the sexual exploitation by the accused promising to marry her. Then, her father along with their caste people went to the house of accused and asked about the marriage. The accused refused and then the victim expressed that she would not leave the house and the accused assured her that he will marry her within one month. Thereafter, the accused escaped from the village. Then the victim lodged the complaint against the accused stating that the accused cheated her in the name of love and marriage. Based on the said complaint, police registered a case and investigated into the same and filed charge sheet against the accused for the offences under Sections 417 and 420 IPC and Section 3(1)(w)(i)(ii) of SCs/STs Amendment Act, 2015. The case was taken on file by the Spl. Judge for trial of Cases under SCs/STs POA Act cum V Additional District and Sessions Judge, Adilabad vide Spl.SC No.58 of 2017.

4. During the course of trial, the prosecution examined PWs.1 to 10 and marked Exs.P1 to P8 on their behalf. No oral or documentary evidence was adduced on behalf of the accused. On considering the evidence on record, the Sessions Court found the accused not guilty of the offence under Section 3(1)(w)(i)(ii) of the SCs/STs Amendment Act, 2015 and accordingly, acquitted him for the said offence. However, the Sessions Curt found the accused guilty of the offences punishable under Sections 417 and 420 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- in default, to undergo simple imprisonment for a period of two months for the offence under Section 417 IPC and further sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/- for the offence under Section 420 IPC in default of payment of fine, to undergo simple imprisonment for three months and directed both the sentences to run concurrently, vide judgment dated 08.012019. Aggrieved by the said judgment of conviction, the present appeal is filed by the accused.

5. Learned counsel for the appellant has submitted that the judgment of the trial court is against law, weight and probabilities of the case. He further submitted that the prosecution has examined 10 witnesses, but only PWs.1 and 2 have deposed against the accused and favour the prosecution case while all the other witnesses turned hostile. He further submitted that there was a consensual relationship between PW.1 and the accused and the same was deposed by PW.1. PW.2 also has stated that she agreed for the relationship and thus there is no evidence at all on record to prove the a