Top Telangana HC partly allowed appeal against conviction for offences under IPC 451 and 354 in a POA Act case, quashing conviction for POA offence but upholding IPC charges.
Criminal appeal partially allowed; conviction under Section 3(1)(xi) of POA Act set aside, IPC charges upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Note: The Appe,ant Accuised was directed to be rereased on bair by the order of the High court oated: 03to7t2oog tn crt_A.Mp.No.16 .17 ot 2oog In crtA.739 of 2009.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NO: 739 OF 2009
Criminal Appeal under Section 37a(\ of Code of Criminal Procedure against the Judgment dt.23.6.2009 in Spl. SC. No. 84/2008, on the file the Special Judge for trial of cases Under SCs & STs (POA) Act,'1989, at Adilabad.
Between:
SHAIK HUSSAIN,, S/o. [Vlohd.Azam, Coolie, R/o. Chilkurilxminagar , Adilabad District
...APPELLANT/ACCUSED
AND
THE STATE OF A.P., REP BY PP.,, through the Sub-Divisional Police Officer, Adilabad, rep by Public Prosecutor, High Court of A.P., Hyderabad.
...RESPONDENT
Counsel for the Appellant: SRI S. SURENDER REDDY
Counsel for the Respondents: PUBLIC PROSECUTOR
The Court made the following: JUDGMENT
HON'BLE SRI JUSTICE K.SU DER CRIMINAL APPEAL No.739 OF ,co9
JUDGIIIENT:
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the course of trial, the victim p.W. 1 cleposed regarding the trespass of the appellant and catching hold of her hand and uttering words on the basis ol her caste.
4 After conclusion of tria l, the learned Sessions Judge found that no offence is made out under Section SCs & STs (POA) Act and acquitted the accused for the offence under Section 3(1)(xi) of the SCs & STs (poA) Act. However, found the accused guilty for the offence under sections 451 and 354 Ipc.
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sequel thereto, miscellane<.rus petitions, if ./,pending, sha11
standsi closed.
To,
S - B. S. CHIRANJEEVI JOINT REGISTRAR ,TRUE COPY// , _,;u d\ tol :'z SECTlOl,l OFFICER 1. The Special Judge for trial of cases Under SCs & S s (POA) Act, 1989, at Adilab;rd.
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HIGH COURT
DATED:1510712022
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ORDER
CRLA.No 739 of 2009
PARTLY I\LLOWING THE CRIMINAL A WITHOUT COSTS.
EAL
2 issues framed by the court
Whether accused liable for offences under Section 3(1)(xi) of POA Act and Sections 451 and 354 IPC.
Whether prosecution witnesses corroborated the version of the victim regarding the accused’s involvement in outrage of modesty.
4 provisions across 3 enactments
Shaik Hussain
The State
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
