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A. V. RAVINDRA BABU
Shaik Mahaboob Basha – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
1. This is a Criminal Appeal filed by the appellant under Section 374(1) of the Code of Criminal Procedure (“Cr.P.C.” for short), who was the accused in SC ST Sessions Case No.39 of 2006, on the file of Special Judge for SC & ST (POA) Act-cum-VI Additional District and Sessions Judge, Kurnool (hereinafter will be referred as “the learned Special Judge”), challenging the judgment, dated 10.04.2007, whereunder the learned Special Judge found the accused guilty of the offence under Section 376 of the Indian Penal Code (“I.P.C. for short) and convicted him under Section 235(2) of Cr.P.C. and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/- in default to suffer simple imprisonment for three months. The learned Special Judge further acquitted the accused under Section 235(1) of Cr.P.C. insofar as the charge under Section 3(1)(xii) of SC ST (POA) Act.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court for the sake of the convenience.
3. The said SC ST Sessions Case No.39 of 2006 arose out of the committal order in P.R.C.No.29 of
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