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 2005, on the file of Judicial First Class Magistrate, Nandyal.

4. The case of the prosecution, in nutshell, according to the contents of the charge sheet before the Court below is as follows:

(i) The prosecutrix i.e., the victim girl is a Scheduled Tribe woman and she used to reside at Sugalimetta village along with her husband. The victim and her husband used to live by selling milk to Nandi Milk Dairy farm in Panyam. Daily the victim lady used to go to Panyam from her village for supplying the milk to Milk Dairy farm. As usually, on 14.01.2002 at 6-00 P.M., the victim lady left for Panyam by walk. After supplying the milk to the Nandi Dairy at 7-30 P.M., she came back to the check post. So that she can meet her co-villagers to go along with them by walk to her village. As no villagers moved in that direction, the prosecutrix started going by walk to her village. At about 8-30 P.M., after the victim lady crossed the canal bridge, the accused came on his motorcycle and requested her to stop for a while. The accused parked the motorcycle by the side of the N.H. road and got down from the vehicle. Thereafter, the accused caught hold the hand of the victim and forcibly dragged her into the nearby cotton and red gram fields of Godugunethi Eeramma and there the accused made her lay down and committed rape on her twice. Being afraid that the accused may kill her, the prosecutrix did not utter any word and later at 10-00 P.M., she requested the accused to leave her on his motorcycle at Sugalimetta Bus stop. The accused brought the victim lady on his motorcycle to Sugalimetta bus stop where the husband and mother of the victim lady were waiting for her. Soon after she got down from the motorcycle, the victim lady cried out to her husband and mother to catch the accused, as he committed rape on her. The accused escaped on his motorcycle towards Panyam. Thereafter, she narrated the incident to her husband and mother. As it was late in the night, on the next day morning, the victim lady accompanied by her husband and mother, went to Panyam Police Station and where P.W.1 gave a statement to the Sub-Inspector of Police, who registered a case in Crime No.9 of 2002 under Section 376 of I.P.C. and under Section 3(1)(xii) of SC ST (POA) Act, 1989.

(ii) The Sub-Divisional Police Officer took up the investigation on 15.01.2002. The investigating officer seized the clothes of the victim under cover of panchanama. On 16.01.2002 at 11-00 A.M., the investigating officer led by the victim and her husband, visited the scene of offence in the presence of mediators. They observed the scene of offence and seized broken bangle pieces and silver leg chain of the victim lady. On 29.01.2002 at 1-00 P.M., the police arrested the accused. The Medical Officer, who examined the prose