STATE OF A.P. Vs. GOPA GANGA REDDY

JUDGEMENT

(1.) Challenging the validity and the legality of the judgment that is rendered by the Court of the Special Judge for trial of cases under SCs/STs (POA) Act, Adilabad, in Spl.S.C.No.11 of 2010, dated 23.5.2011, the appellant is before this Court by way of appeal.

(2.) In the grounds of appeal, it is urged that the judgment of the trial Court is contrary to law, weight of evidence and probabilities of the case; that the learned judge of the trial Court ought to have seen that the ingredients to constitute the offences punishable under Sections 452, 436 read with Section 149 and 148 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, were made out by the prosecution; that the learned judge ought to have seen that P.W-1 who is an eye-witness to the incident clearly stated how his house was damaged by the respondents-accused; that the learned judge has not considered the evidence of the prosecution witnesses in correct perspective and thus, the acquittal of the respondents-accused is unsustainable and as such, the appeal has to be allowed.

(3.) Heard the submissions of the learned Additional Public Prosecutor. The respondents-accused failed to submit their contentions.