Remanded

Y. Radha Krishna v. The State of Andhra Pradesh

Telangana HC5 Sept 2011CRLA/1475/2009

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST (POA) Act, the High Court accepted additional documents submitted by the appellant alleging police collusion and a fictitious witness. The court set aside the conviction and remitted the case to the trial court for fresh consideration and judgment.

What did the court decide?

The judgment of the lower court was set aside. The matter was remitted to the trial court to consider additional documents and render a fresh judgment within three months.

Y. Radha Krishna Vs The State of Andhra Pradesh — Caste Atrocities | Telangana HC (2011)

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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD

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MONDAY THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN

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PRESENT

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO

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CRLAMP.No. 1324 OF 2011 AND CRIMINAL APPEAL NO. 1475 OF 2009

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Between:

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Y. Radhakrishna … Appellant V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent Counsel for the Appellant : Sri Kurra Srinivas Counsel for the Respondent : Addl.Public Prosecutor

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The Court made the following : (Judgment follows next page).

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO

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CRLAMP.No. 1324 OF 2011 AND CRIMINAL APPEAL NO. 1475 OF 2009

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COMMON JUDGMENT :

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Crl.AMP.No.1324 of 2011 is an application filed by the petitionerappellant (accused) to receive the additional documents as part and parcel in Criminal Appeal No. 1475 of 2009.

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2. It is submitted that the appellant-accused was convicted by the Special Judge for Trial of Offences under the Scheduled Castes and Scheduled Tribes (POA) Act-cum-V-Additional District and Sessions Judge, Nellore, for the offence under section 3 (i) (x) of SCs and STs (POA) Act, 1989 and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.100/-, in default to suffer simple imprisonment for a period of one month. Against the said order of conviction and sentence, the appellant-accused preferred the present criminal appeal.

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3. While the criminal appeal is pending before this Court, the

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appellant also filed certain documents with a petition to be considered as additional evidence in the criminal appeal. The version of the appellant is

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that the police foisted a false case against him by colluding with the Tahsildar, Kavali. The police have created a fictitious person and manipulated a false certificate and the learned trial Court without noticing the impersonation and filing of the said false certificate convicted the appellant.

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4. It is further submitted that on a complaint lodged by the appellantaccused, the Collector and District Magistrate, Nellore held an enquiry and found that the Tahsildar, Kavali, issued a false certificate to an individual who does not belong to “Madiga” community, which is a scheduled caste. It is also submitted by the appellant that there is no such person by name Mr.Davuluri James son of Vandanam in the voter list of Arundhatheeyapalem (Ambedkarnagar) and the said person is a fictitious person.

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5. In the circumstances stated above, I am of the view that the additional documents, which are now filed along with the appeal are required to be considered to arrive at just decision of the case.

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6. For the foregoing reasons, the judgment passed by the Special Judge for Trial of Offences under the Scheduled Castes and Scheduled Tribes (POA) Act-cum-V-Additional District and Sessions Judge, Nellore, dated 13-09-2009 against the appellant is set aside and the matter is remitted to the trial court for considering the additional document filed by the

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appellant and oral evidence if any adduce in relation thereto and for rendering judgment afresh within a period of three months from the date of

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receipt of the records.

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7. With the above direction, the Crl.AMP.No. 1324 of 2011 and

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criminal appeal are therefore disposed of.

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________________________ JUSTICE R. KANTHA RAO.

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05-09-2011 I s L

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THE HONOURABLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL APPEAL NO. 1475 OF 2009

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Circulation No.34 Date:05-09-2011 Court Master: I s L Computer No. 43

Y. Radha Krishna v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Y. Radha Krishna v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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