BASSA BABJEE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The judgment, dtd. 26/11/2009 in SC ST Session Case No.68 of 2008, on the file of Special Judge for Trial of Cases under SCs & STs (POA) Act, East Godavari at Rajahmundry ("Special Judge" for short) is under challenge in this Criminal Appeal filed by the unsuccessful accused in the above said SC ST Sessions Case. The accused before the learned Special Judge faced trial for the charge under Sec. 376 r/w 511 of the Indian Penal Code ("I.P.C." for short) and another charge under Sec. 3(1) (xi) SCs & STs (POA) Act, 1989 and the learned Special Judge on conclusion of trial and after hearing the arguments, found the accused guilty of the charges, convicted and sentenced him for the said charges. Challenging the same, the unsuccessful accused filed the present Criminal Appeal.

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

(3.) The SC ST Sessions Case No.68 of 2008 on the file of Special Judge arose out of a committal order in P.R.C.No.23 of 2007 on the file of Judicial Magistrate of First Class, Prathipadu, pertaining to Crime No.9 of 2007 of Kirlampudi Police Station.