Full Judgment
P.S. Narayana, J.
1. Heard Sri H. Venugopal, learned Counsel representing the appellant-accused and the learned Public Prosecutor.
2. This appeal is preferred as against the judgment dated 12-11-1997 passed in Special S.C. No. 59 of 1996, in Crime No. 10 of 1996 of P.S. Tiryani, on the file of the Special Judge for SC & ST (POA) Act Castes-cum-Additional Sessions Judge, Adilabad.
3. The charge sheet was laid as against the accused for the offences under Sections 354 and 506 I.P.C. and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC & ST (POA) Act'). It is the case of the prosecution that on 27-04-1996 at 8-00 A.M., P.W.2 along with P.W.3 had gone to the outskirts of Duggapur village for the purpose of grazing the goats and at about 11-00 A.M., the accused suddenly came there, caught hold of the hand of P.W.2 and dragged her towards nearby bushes. Then, P.W.2 raised cries and on hearing the cries, P.W.3 rushed to the spot. The accused threatened P.Ws 2 and 3 by showing the axe at them. The villagers reached the spot and rescued P.W.2 and the accused was brought to the Police Station Tiryani and on report of P.W.1, a case in Crime No. 10 of 1996 was registered and investigated and the accused was arrested on 27-04-1996. The learned Special Judge had taken cognizance of these offences and after framing charges since the accused had pleaded not guilty, the learned Judge examined P.Ws. 1 to 5 and Exs. P-1 to P-3 were marked and on appreciation of the evidence available on record. The accused was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100/- for the offence under Section 3(1)(xi) of the Act read with Section 354 of I.P.C. and the accused was further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-, in default rigorous imprisonment for three months for the offence under Section 506(i) I.P.C. and the main sentence of imprisonment was directed to run concurrently. Aggrieved by the same, the present appeal is preferred.
4. It is not in controversy that the date of offence is 27-04-1996. The scheduled castes and the scheduled tribes (Prevention of Atrocities) Rules, 1995 came into force from 01-04-1995. P.W.5, Assistant Sub Inspector, had investigated into the offences with which the accused had been charged with and recorded the statements of witnesses. It is no doubt true that Rule 7 has no retrospective operation. Investigation prior there to in relation to offences under the SC & ST (POA) Act also was being conducted by regular investigating agency but, however, specific rule i.e., Rule 7 was introduced by which the specified officer has to conduct investigation. This check was introduced by putting a specific bar in conduct of investigation by other investigating officers other than the specified in the Rule with a fond hope that such offences to be investigated with better care and caution, more concerned with social compulsions, order and disorder and hence, if investigation is entrusted to a higher officer, the same may be proceeded with on sound lines. Be that as it may, apart from this aspect of the matter, cognizance was taken by the learned Special Judge straight away and hence due to non-committal of the case in view of clear language of Section 193 Cr.P.C., the whole trial is vitiated. Viewed from any angle, the conviction and the sentence imposed as against the appellant-accused cannot be sustained and accordingly, they are hereby set aside.
5. The Criminal Appeal is allowed.