THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.173 of 2011 BETWEEEN: The State of A.P. … Appellant AND 1. Pothuraju Suryanarayana @ Bakka Suryanarayana & 2 others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.173 of 2011 JUDGMENT: The respondents 1 to 3/A1 to A3 were acquitted by the Special Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, West Godavari at Eluru in SCs and STs Sessions Case No.13 of 2007 of charges under Section 323/34 I.P.C. and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989(in short, the Act). Pw1 is son of PW2. It is alleged that on 15.08.2006, at about 2:00 P.M., A1 was taking bath in the canal and PW2 was fetching water from the canal and that during that process, water being brought by PW2 fell on A1, due to which A1 abused her in the name of caste and that when PW2 called her son, PW1 came there and when he questioned A1, all the accused slapped PW1 and abused PW1 in the name of caste. The lower Court disbelieved the prosecution case on two grounds namely inconsistency in the evidence of prosecution witnesses and delay in lodging First Information Report. Though the offence is said to have taken place on 15.08.2006, PW1 gave the report to the Police on 27.08.2006 with a delay of more than 12 days. According to the prosecution, the delay occurred because the matter was placed before the elders. Even as per the prosecution case, the caste elder PW3 rushed to the scene after noticing the commotion at the scene. According to the prosecution, since the accused did not turn up before PW3, PW3 advised PW1 to proceed as per his wish and thereupon, PW1 gave report to the police. When the caste elder was present at the scene itself, the question of placing the matter again before the caste elder may not arise. In case, the intention of placing the matter before the caste elder was to chastise the accused for their misbehaviour towards PWs 1 and 2, the said chastising should have been done at the scene itself at the time of occurrence. There is no proper explanation for the delay of more than 12 days in lodging FIR in this case. It is prosecution case that PWs 1 and 2 belong to Mala Community. Exs. P3 and P4 caste certificates were filed on this aspect. The accused belong to Toorpu Kapu Community as per Exs. P5 to P7 caste certificates. It is evidence of PW1 that originally when water fell on A1, A1 abused PW2 as Mala bitch; and when PW2 called PW1, A1 abused him as Madiga Bastard. On the other hand, it is evidence of PW2 that when her water fell on A1, A1 abused her as Mala bitch and Madiga bitch. When PWs 1 and 2 belong to Mala caste, it is not known why they are said to have been abused in the name of Madiga caste also. The lower Court noticed all these inconsistencies in the evidence of the prosecution witnesses and more particularly that of all the victims PWs 1 and 2. Further, there is no medical evidence to prove the offence under Section 323 I.P.C. against any of the accused for causing the alleged hurt to PW1. Having regard to the evidence on record and the delay in lodging FIR, the lower Court came to the right conclusion in favour of the accused giving benefit of doubt to them. I do not find any valid or legal reasons to interfere with the finding of acquittal recorded by the lower Court. 2. In the result, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 11.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.173 of 2011 DATED: 11.04.2011 ysk