KOLA MANI Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 7/4/2009, in Sessions Case No.331 of 2008 on the file of the Court of Sessions Judge, Prakasam Division, Ongole (for short, 'the learned Sessions Judge') where under the learned Sessions Judge found the Accused/Appellant guilty of the charge under Sec. 5 of the Explosive Substances Act, 1908 (for short, 'the SCs and STs Act'), convicted her under Sec. 235(2) Cr.P.C. and after questioning her about the quantum of sentence, sentenced her to suffer Rigorous Imprisonment for a period of one year and to pay a fine of Rs.100.00 in default to suffer Simple Imprisonment for a period of one month. However, the learned Sessions Judge, acquitted the accused of the charge under Sec. 8 of the Andhra Pradesh Public Security Act, 1992 (for short, 'the APPS Act')

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

(3.) The Sessions Case No.331 of 2008 arose out of the committal order in PRC No.49 of 2008 on the file of the Court of Additional Judicial Magistrate of First Class, Giddalur pertaining to Crime No.84 of 2003 of Giddalur Police Station registered for the offences under Sec. 5 of the Explosive Substances Act and Sec. 8(1) of the APPS Act.