SHAIK MAHABOOB BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a Criminal Appeal filed by the appellant under Sec. 374(1) of the Code of Criminal Procedure ('Cr.P.C.' for short), who was the accused in SC ST Sessions Case No.39 of 2006, on the file of Special Judge for SC and ST (POA) Act-cum-VI Additional District and Sessions Judge, Kurnool (hereinafter will be referred as'the learned Special Judge'), challenging the judgment, dtd. 10/4/2007, whereunder the learned Special Judge found the accused guilty of the offence under Sec. 376 of the Indian Penal Code ('I.P.C. for short) and convicted him under Sec. 235(2) of Cr.P.C. and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000.00 in default to suffer simple imprisonment for three months. The learned Special Judge further acquitted the accused under Sec. 235(1) of Cr.P.C. insofar as the charge under Sec. 3(1)(xii) of SC ST (POA) Act.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court for the sake of the convenience.

(3.) The said SC ST Sessions Case No.39 of 2006 arose out of the committal order in P.R.C.No.29 of 2005, on the file of Judicial First Class Magistrate, Nandyal.