MANNE SIDDAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The leamed Additional Sessions Judge, Medak at Sangareddy convicted the appellant herein for the offence punishable under Section 3(1) (xii) and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (P.A.) Act, 1989 (for Short 'the Act') read with Section 376 of the Indian Penal Code (for short 'the Code') and sentenced him to undergo imprisonment for a period of ten years and also to pay a fine of Rs. 2,000/-, and in default of payment of fine, to further undergo imprisonment for one year. The judgment of the learned Additional Sessions Judge, Medak at Sangareddy, dated 25-9-1997 in SC/ST S.C.No. 16 of 1996 is challenged by the appellant in this criminal appeal.

(2.) It may be necessary to briefly notice the prosecution case against the appellant. It is the case of the prosecution that on 23-1-1995 Papolla Salavva - P.W.5 left the house for attending the work in her fields situated at Shankapur village limits, and while she was alone attending to her work in the fields, at about 3-00 p.m. the appellant herein assaulted her from behind, pushed heron to the ground, overpowered her and forcibly committed rape on her. She raised hue and cry. P. W.1 - the complainant who is none other than the husband of the victim lady and who was also coming to his fields rushed there and by that time he saw the appellant herein fleeing away from the scene of offence. He found that P.W.5 was weeping. P.W.1 along with his associate P.W.3 chased the appellant herein and caught him. The appellant herein is alleged to have confessed about his guilt. P.Ws, 1 and 3 entrusted the appellant herein to the village elders and inturn the village elders reprimanded the appellant. It is alleged that due to fear of villagers, the appellant herein escaped from the villagers and drowned himself in an agricultural well. However, he was rescued. P.W.I lodged a complaint on 24-1-1995 before P.W.13 - Sub-Inspector of Police, Shankarampet (Rural), and a case was registered in Crime No. 4 of 1995 under Section 376 of the Code read with Sections 3 and 4 of the Act. P.W.12 investigated into the offence and filed the charge-sheet against the appellant.

(3.) The prosecution in all examined 13 witnesses on its behalf and marked Ex.P-1 to Ex.P-13.