(1.) This Criminal Appeal is filed under Section 378 (1) and (3) of Cr.P.C. by the State, challenging the judgment, dated 22.07.2009 passed in S.C.No.34 of 2008 on the file of the Special Judge for Trial of Cases under SCs/STs (POA) Act-cum-VIII Additional Sessions Judge at Nizamabad, wherein the accused was acquitted for the offence punishable under Section 353 of I.P.C. and Section 3 (i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
(2.) The case of the prosecution is as under:
(3.) On appearance of the accused, the material on record was perused and on being satisfied, charges under Section 353 of I.P.C. and Section 3 (i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 were framed, read over and explained to the accused in Telugu, to which he pleaded not guilty and claimed to be tried. In support of its case, the prosecution examined P.Ws.1 to 10 and got marked Exs.P1 to P8 and after closure of the prosecution evidence, the accused was examined U/s. 313 Cr.P.C. explaining the incriminating material available on record, but the same was denied by the accused. No oral evidence was adduced on behalf of the accused, but Exs.D1-Portion of 161 Cr.P.C. Statement of P.W.3, Ex.D2-location map and Ex.D3-Memo dated 01.01.2008 were marked.