Criminal Appeal filed against a conviction under the SCs & STs (POA) Act. The Court allowed the appeal based on a post-conviction compromise memorandum signed by the parties, setting aside the conviction and sentence to acquit the appellant.
Conviction and sentence set aside; appellant acquitted of the charge.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1494 OF 2005
DATED 19th NOVEMBER, 2012.
BETWEEN :
R.Sreenivasa Rao
..Appellant - Accused No.2 and
1) Namburi Nirmala
2) State of A.P.
..Respondents
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1494 OF 2005
JUDGMENT:
This Criminal Appeal is filed under Section 374 (2) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by the appellant-accused challenging the judgment, dated 30.09.2005 rendered in Sessions Case No.34 of 2004 whereby the Special Judge for trial of Offences under SCs & STs (POA) Act, Prakasam District at Ongole, convicted the appellant herein under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for 9 months and also to pay a fine of Rs.3,000/- for the offence punishable under Section 3 (1) (x) of SCs & STs (POA) Act.
When the matter is taken up for hearing, the learned counsel for the appellant submitted that the parties herein have compromised the matter outside the Court by arriving at an amicable settlement.
Today, both parties appeared before this Court and they are duly identified by their respective counsel. A memorandum of compromise has been submitted before this Court duly signed by the parties as well as their respective counsel reporting compromise between the parties at the intervention of village elders and well wishers.
A perusal of the material papers on record shows that the disputes are purely personal in nature not involving any public policy. Therefore, the inherent powers of the Court can be invoked to put an end to the vexing litigation by taking a pragmatic view.
Therefore, the present Criminal Appeal is allowed by setting aside the conviction and sentence imposed on the appellant by the trial Court vide impugned judgment and he is acquitted of the charge levelled against him.
Memorandum of compromise submitted before this Court today shall be made as part of this judgment. Miscellaneous petitions pending in this appeal, if any, shall stand closed.
________________________ JUSTICE RAJA ELANGO
Date : 19.11.2012 sur
R.Sreenivasa Rao
Namburi Nirmala
State of A.P.
Raja Elango
As recorded by the court registry
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