HON’BLE SRI JUSTICE R. KANTHA RAO Crl.A. No.1127 of 2001 Date:30.07.2010 Between: Pati Rajarao Appellant/accused And State of A.P. rep. By P.P., Hyderabad …Respondent HON’BLE SRI JUSTICE R. KANTHA RAO Crl.A. No.1127 of 2001 JUDGMENT: This appeal is directed against the judgment dated 06.06.2001 passed by the Assistant Sessions Judge, Chodavaram in S.C.No.209 of 2000. The appellant was tried for the offences punishable under Sections 354 and 324 IPC and was convicted for both the offences and sentenced to undergo rigorous imprisonment for a period of seven years and also to pay a fine of Rs.200/-, in default to suffer simple imprisonment for a period of two years and four months for the offence under Section 354 IPC and he was further sentenced to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of four months for the offence punishable under Section 324 IPC. Challenging the said order of conviction and sentence, the appellant preferred this appeal. I have heard Ms. C. Vasundhara Reddy, learned counsel for the appellant and the learned Public Prosecutor representing the State. The prosecution story is like this: PW-1 (Bakuri Gangabhavani) and PW-2 (Bakuru Varalaxmi) went to Gunelajorugedda at about 7 a.m. on 23.12.1999 for fetching water. While they were cleaning the vessels, the appellant came there and caught hold of the shoulder of PW-1, pulled her and asked her to come along with him. On seeing this, PW-2 interfered and questioned the appellant as to why he was dragging PW-1, then the appellant pushed PW-2 and thereafter picked up a small knife and stabbed on the stomach of PW-1 causing bleeding injury. While rescuing herself from the clutches of the appellant, PW-1 also received injuries on her hand. According to the prosecution prior to this incident, the appellant teased PW-1 on two or three occasions for which the parents of PW-1 chastised him. After receiving injuries, PWs.1 and 2 went to the village and informed the incident to the mother of PW-1 and thereafter PW-1 and some other persons took PW-1 to Hukumpeta Police Station at 9 a.m. PW-6 (M.Suryanarayana, Head Constable) recorded the statement of PW-1 and basing on her statement, he registered a case in Crime No.44 of 1999 for the offences under Sections 354 and 324 IPC and investigated into the case. Thereafter, PW-7 (P.Chittayya, Assistant Sub-Inspector of Police) verified the investigation and filed the charge sheet. In order to establish the guilt of the appellant, the prosecution examined before the trial Court PWs.1 to 7, marked Exs.P-1 to P-6 and M.Os.1 to 3. On behalf of the accused, DW-1 was examined and no documents were marked. The entire case of the prosecution rested on the evidence of PWs.1, 2 and PW-4, the doctor who examined the victim PW-1. The evidence of PW-3 (Bakuru Bullemma), the mother of PW-1 is only to the effect that the appellant used to tease PW-1 by saying that he was loving her. The defence theory is that there was a love affair between the appellant and PW-1, the parents did not agree for their marriage because they belong to different communities and this case has been falsely foisted against the appellant by the parents of PW-1. PWs.1 and 2, of-course have stated in their depositions that while PW-1 was cleaning vessels, the appellant came there and caught hold of her shoulder and tried to drag her, when PW-2 interfered, he pushed her down and thereafter stabbed PW-1 on the abdomen with a small knife. PW-4, the doctor who examined PW-1 noticed the following injuries: 1) An incised wound about 6 cm. x 1 cm. over the anterior abdomen wall to the left side of umbilicus. 2) Lacerated wound about 3 x 1 cm deep over the skin between the middle finger and right finger. PW-4 issued Ex.P-2 injury certificate. He testified the said fact in his deposition before the trial Court. It was elicited during the course of cross-examination of PW-1 that she belongs to ‘Bagatha’ community, whereas the appellant belongs to ‘Valmiki’ community and as per their caste custom, they cannot marry the persons belong to ‘Valmiki’ community. It was also elicited during the course of her cross- examination that when the son of Pati Koneru married one ‘Bagatha’ community girl, their marriage was not accepted by the caste people and since then the relations between th ‘Bagatha’ community and ‘Valmiki’ community in the village were strained. Therefore, it seems that there is some basis for the defence version and it is quite unconvincing that while PW-1 was present along with PW-2, A-1 ventured to catch hold of her shoulder and dragged her, in the absence of any acquaintance with her. However, the fact remains that PW-1 received two injuries on her body and one of them is an incised injury. The evidence of PWs.1 and 2 insofar as it relates to stabbing of PW-1 by the appellant with a knife, cannot be thrown out. But, in the circumstances mentioned above, it is highly difficult to come to a conclusion that the offence punishable under Section 354 IPC is attracted. Even according to PWs.1 and 2, the appellant only asked PW-1 to come along with him for which PW-1 did not agree and thereafter the remaining part of the incident took place. Section 354 of IPC is quite often misused for various reasons. Therefore, the Courts must be cautious before recording conviction under Section 354 of IPC. In the circumstances, in which the incident supposed to have taken place, I am not inclined to accept the version of PWs.1 and 2 that the appellant caught hold of the shoulder of PW-1 and dragged her with an intention to outrage her modesty. It appears that some discussion took place between PWs.1, 2 and the appellant, during the course of which the appellant caused injuries to PW-1. The offence therefore falls under Section 324 IPC. On the aforesaid reasoning and analysis, the conviction and sentence passed by the trial Court against the appellant for the offence under Section 354 IPC are set aside and the conviction and sentence passed by the trial Court for the offence under Section 324 IPC are confirmed. In the result, the appeal is partly allowed. ________________ R.KANTHA RAO,J Date:30.07.2010 ccm HON’BLE SRI JUSTICE R. KANTHA RAO Crl.A. No.1127 of 2001 Date:30.07.2010