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2004 DIGILAW 1077 (AP)

Public Prosecutor v. Bathala Lakshmi Rajyam

2004-09-24

P.S.NARAYANA

body2004
( 1 ) THIS appeal is filed as against an order of acquittal-dated 28. 11. 2003 made in C. C. No. 462 of 1997 on the file of the II Additional Judicial I Class Magistrate, Nellore. The Inspector of Police, CID, P. C. R. Cell, Nellore, filed charge sheet against the accused for the offences under Sections 420, 182, 197, 198, 465, 468, and Sections 10 and 11 of A. P. (SCs, STS, and BCs) Regulation of Issue of Community Certificate Act, 1993. ( 2 ) THE case of the prosecution is that on the petition sent by one Sulluru Devarajulu to the complainant that the accused belongs to Bestha community and she claimed as Yanadi by caste to get the benefits under ST quota, even though she originally belongs to Bestha by caste, which is a BC group and obtained false caste certificate giving false information to revenue officials and thereby, cheated the Government to get the benefit of ST quota. ( 3 ) THE prosecution examined P. Ws. 1 to 15 and got marked Exs. P-1 to P-22. P. W. 1 deposed that he did not give any report against the accused and the signature on the report dated 26-5-1996 is not that of him and also he did not give any report to C. B. C. I. D. at any point of time and he was not examined by the police in respect of this case. P. W. 1. was declared hostile. ( 4 ) THE evidence of P. W. 2 to P. W. 15 and documents Exs. P-1 to P-22 also had been discussed in detail by the learned II Additional Judicial Magistrate of First Class, Nellore. Since the origin of the prosecution i. e. the very sending of the petition to the complainant was not supported by the person, who was said to have sent the same, and also in view of the fact the ingredients of Section 182 IPC are not satisfied, the learned Judge recorded acquittal. ( 5 ) IN the light of the reasons recorded in detail by the learned Magistrate commencing from paragraphs 10 to 29, this Court is of the opinion that the acquittal recorded by the learned Magistrate cannot be found fault. In view of the foregoing discussion, the Criminal Appeal is dismissed, at the stage of admission.