THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.486 OF 2010 ORDER: The State is the appellant and this appeal is directed against the judgment dated 19-03-2009 in the Sessions Case No.897 of 2006 on the file of the Special Sessions Judge for trial of Offences under SCs & STs (POA) Act, Karimnagar, whereby the learned Judge acquitted the respondent herein for the offence punishable under Section 417 IPC and Section 3(i) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short ‘SC & ST Act’). 2. The case of the prosecution, in brief, is as follows: PW-1 is a resident of Kurkyala and she is Madiga by caste, while the accused hails from Nagunur village and he belongs to non SC community. PW-1 having completed ANM training, joined in Vijaya Hospital, Karimnagar as a Nurse and the accused was working as Compounder in the same hospital and they developed acquaintance. Accused promised in the name of God to marry her and also declared that he would die if PW-1 is not there in his life. He also tried to hang himself with her chunni and also cut his hands with a knife to show solidarity for PW-1. PW-1 believed his acts and developed sexual contacts with him and on coming to know of the same and their behaving in ugly manner in the hospital during the duty hours, PW-10 Dr. V. Sujith Kumar, owner of the hospital, removed them from their jobs. PW-1 went to her village. On the next day, the accused rang PW-1 up and required her to come back to Karimnagar and accordingly she came. On 26-12-2005 both of them took the house of PWs.2 and 3 on rent saying that they were going to marry and also showed their joint photograph Ex.P-4. Having been in the said house, the accused and PW-1 continued sexual relations. On 01-01-2006 PW-1 joined in Rohan Hospital, Karimnagar. It was also disclosed in January 2006 that PW-1 became pregnant and therefore, on 02-02-2006 she asked the accused to marry her but he refused and abandoned her and went to his village. PW-1 went to Nagunur village and enquired about the accused with his parents and came to know that he did not go there. Some time prior to 01-03-2006, PW-1 met the accused and when she requested him to marry, he openly refused. PW-1 gave complaint Ex.P-1 at II Town Police Station, Karimnagar and the police registered a case in Crime No.62 of 2006. Police examined the witnesses and seized the joint photographs of the accused and PW-1 from PW-1 and sent PW-1 for medical examination, arrested the accused and filed charge sheet. 3. During the course of trial, the victim was examined as PW-1 and PWs.1 to 15 were also examined. The prosecution marked Exs.P- 1 to P-16. Having analyzed the said evidence as stated supra, the trial Court acquitted the accused of the said charges. 4. Heard. 5. Section 3 (1) (xii) of the SC & ST Act states that whoever, not being a member of the Scheduled Caste or Schedule Tribe, being in a position to dominate the will of woman belonging to Scheduled Caste or Scheduled Tribe and used that position to exploit her sexually to which she would not have otherwise agreed. 6. In the light of the said provision, if we look at the case on hand, it is clear that the respondent - accused is not in a position to dominate the will of a woman for the reason that he is only a compounder working in the hospital, whereas the victim who was examined as PW- 1 at the relevant point of time, was working as a Staff Nurse. Further, she admitted the fact that she is in love with the accused and they developed acquaintance with each other and thus, she allowed him to have sexual intercourse. The said fact cannot be said to be attracting the provision of Section 3 (1) (xii) of the SC & ST Act. 7. Insofar as the offence punishable under Section 417 IPC is concerned, there is nothing on record to establish that right from the inception i.e. from the day one, the respondent was cheating PW-1 saying that he would marry her. It is settled law that to attract Section 417 IPC, the person shall have the dishonest intention right from the inception. As the same is missing, the trial Court is justified in acquitting the respondent for the offence punishable under Section 417 IPC. Hence, I see no merits in this appeal and the same is liable to be dismissed at the admission stage. 8. Accordingly, the Criminal Appeal is dismissed, at the admission stage itself. ________________________ GOPALA KRISHNA TAMADA, J October 07, 2010. KTL