JUDGMENT :

C. Praveen Kumar, J.

1. The sole accused in Special Sessions Case No.31 of 2014 on the file of learned Special Sessions Judge-cum-X-Additional District and Sessions Judge, Krishna at Machilipatnam, is the appellant herein. He was tried for an offence punishable under Section 3(ii)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, “the Act”] and sentenced to suffer Imprisonment for Life and to pay a fine of Rs.5000/- [Rupees five thousand only] in default, to suffer Simple Imprisonment for Six Months for the offence punishable under Section 3(ii)(v) of the Act. He was also held liable to pay compensation of Rs.20,000/- [Rupees twenty thousand only] under Section 357 of Criminal Procedure Code, 1973 [for short, “Cr.P.C.”] to the prosecutrix.

2. The facts, in issue, are as under:-

(a) P.Ws.2 and 3 are the parents of the victim, who was examined as P.W.1. It is said that P.W.1 who was studying 3rd class by staying in the Government Hostel, Bantumilli, came down to Munjuluru Village for Summer Vacation. On 24.04.2007, the said girl along with her parents went to the fields of the accused for coolie work. It is said that when P.W.1 was sitting under a coconut tree, at a distance of 20 yards, from where P.Ws.2 and 3 were working by keeping lunch box, the accused came to her and asked her to collect Tamarind [Chintakayalu] and accordingly took her to Cheema Chintakayalu trees which were behind her. There the accused is said to have thrown her on the ground, lifted her langa and committed rape. Thereafter, the accused asked her to sit on his lap and again committed rape on her, at which point of time blood oozed out from her private parts. At that time, the accused consoled her and thereafter threatened her with dire consequences, if she discloses the same to others and left the place to bring something to P.W.1. P.W.1 is said to have gone to her parents crying and when asked by her parents as to what happened, P.W.1 informed them about the incident and took them to the scene of occurrence.

(b) P.W.2, who informed about the incident to the President of their village, was asked to lodge a report. Thereafter, P.W.2 is said to have gone to the Police Station by boarding a bus and lodged a report before P.W.14-Sub Inspector of Police. Basing on which, P.W.14 registered a case in Crime No.45 of 2007 for the offence punishable under Section 376(f) of Indian Penal Code, 1860 [for short, “I.P.C.”] and Section 3(i)(x) of the Act. Ex.P14 is the First Information Report [F.I.R.]. The said F.I.R. is registered at 11.45 A.M. which reached the Court at 10.00 P.M. though the distance between Court and Police Station is less than 1 K.M.

(c) P.W.16-Sub Divisional Police Officer, who took up investigation, reached the Police Station, collected the copy of F.I.R. and shifted the injured in 108 Ambulance to Government Hospital. He also informed to Superintendent of Police about the facts. He then visited the Government Hospital, examined P.Ws.1 to 3 and recorded their statements. Thereafter, he visited the scene of offence which is situated at the outskirts of Munjuluru fields of Pamarthivari Compound, prepared a rough sketch of the scene and also Ex.P5 observation report in the presence of P.W.7. At the scene, he claims to have recorded the statements of P.Ws.4 to 10. After recording the statements, he altered the section of law to one under Section 3(i)(xii) of the Act. Ex.P18 is the altered memo.

(d) It is also to be noted here that P.W.1 was sent to P.W.13-Civil Assistant Surgeon on 24.04.2007 itself, who examined her and gave Ex.P12 report. According to the doctor, the injuries have been caused by violent attempt to sexual offence.

(e) P.W.16-SDPO, who continued with the investigation arrested the accused on 26.04.2007 and pursuant to arrest made, he seized M.Os.1 to 3 i.e. Lungi, Shirt and Towel. He also produced the accused before P.W.15-Civil Assistant Surgeon, who certified that accused is capable of