MADASERI PRABHAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenge in this criminal appeal is to the judgment, dtd. 20/12/2010 in Sessions Case No.4 of 2008, on the file of the Special Sessions Judge for trial of Cases under SCs and STs (POA) Act, Visakhapatnam (Old S.C.No.4 of 2005 on the file of I Additional Metropolitan Sessions Judge, Visakhapatnam) ("Special Judge" for short) where-under the learned Special Judge found the accused guilty of the charges under Ss. 363 and 376 of the Indian Penal Code ("IPC" for short) and further the charge under Sec. 3(1)(xii) of SC and ST (POA) Act, 1989, convicted him under Sec. 235(2) of the Code of Criminal Procedure ("Cr.P.C." for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for five years for each for the said charges and to pay fine of Rs.500.00 for each charge and in default to suffer simple imprisonment for one month each and that the sentences of imprisonment as above shall run concurrently.

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

(3.) The Sessions Case No.4 of 2008, on the file of the Special Sessions Judge for trial of Cases under SCs &STs (POA) Act, Visakhapatnam (Old S.C.No.4 of 2005 on the file of I Additional Metropolitan Sessions Judge, Visakhapatnam) arose out of a committal order in PRC No.11 of 2005 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam in Crime No.287 of 2004 of IV Town Law and Order Police Station, Visakhapatnam.