KONDAPALLI LAXMAN RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the Judgment of the Special Judge for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Mahaboobnagar rendered in S.C. No. 1/1991 under which the appellant-accused has been convicted for the offence under Section 376, IPC and sentenced to undergo R. I. for three years and to pay a fine of Rs. 500.00 in default of payment of fine to suffer R.I. for three months. The appellant has been acquitted of the charge under Section 3(1)(xii) of S.C. and S.T. (Prevention of Atrocities) Act, 1989.

(2.) The facts relating to this appeal may be stated briefly as follows :-

(3.) In support of the case of the prosecution, the victim Radha has been examined as PW-1, her father Chunarker Babu has been examined as PW-2, the brother-in-law of the victim Jangama Jogaiah has been examined as PW-3. Durgam Shivaram, a resident of Chandravalli Village to which PWs-1 and 2 belong has been examined as PW-4, PW-5, the Head Mistress of Junior College, Kagaznagar where the victim studied has been examined to prove the date of birth certificate of PW-1 marked as Ex P-2. PW-6 Razia Sulthana is the matron of the Scheduled Caste Hostel where PW-1 stayed from 26-7-90 for a period of six days. PW-7 Dr. K. Sankarnarayana examined PW-1 and after physical, dental and radiological examination he gave certificate of age of the victim under Ex. P-3. The accused denied the allegations against him. On behalf of the accused DW-1 has been examined.