JUDGMENT :

(T. Mallikarjuna Rao, J.)

1. Feeling aggrieved and dissatisfied with the impugned Judgment dated 30.09.2014, the accused in S.C.s & S.T.s Sessions Case No.1 of 2014 on the file of a Special Judge for the trial of cases under S.Cs. & S.T.s. (P.O.A.) Act-cum- Additional District & Sessions Judge Vizianagaram preferred this appeal.

2. The accused was tried for the offences punishable under Sections 417, 376 read with Section 90 of the Indian Penal Code, 1860 (for short, 'I.P.C.') and Section 3 (2) (v) of S.C.s & S.T.s (P.O.A.) Act.

3. The learned Special Judge, by Judgment dated 30.09.2014, convicted and sentenced the accused to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs.3,000/- in default to undergo Simple Imprisonment for 7 months, for the offence under Section 376 read with Section 90 of I.P.C ; sentenced to undergo Simple Imprisonment for 6 months for the offence under Section 417 of I.P.C and sentenced to un-dergo Rigorous Imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo Simple Imprisonment for one (1) month for the offence under Section 3 (2) (v) of S.Cs., & S.Ts., (P.O.A.) Act. It is further ordered that the sentences imposed for the offences shall run concurrently.

4. The brief facts of the prosecution case are that P.W.1 (name withheld to hide her identity), lodged a repot-Ex.P1 against the accused, stating that she works as a computer operator in the Resource Center, Lakkavarapukota. The accused also works as a computer operator in the Housing Department. Close acquaintance developed between them because of his frequent visits to her office. Due to that, they fell in love. They moved together closely. The accused, although married and having children, suppressed the fact and promised to marry her. She believed his version and had sexual relations with him several times. She became pregnant twice and had abortions at the request of the accused. When she questioned him about the marriage, he postponed it for some reason or another, saying that he would marry after getting a permanent job and later, after constructing the house; and later, by saying that he would convince his family members; and finally, he told her that his wife disagrees on the ground that she is an SC-Madiga caste and he belongs to Dasari Community, and he refused to marry her. She approached P.W.7-Smt.Mariyamma, the Dalita Mahila Sakti Zilla Convener, and also placed the matter before P.W.6-Smt. Chandravathi, the Dalita Mahila President of S. Kota Mandal, who held a panchayat in which the accused admitted his guilt and requested that the matter be settled in terms of compensation. P.W.1 also brought it to the notice of P.W.3- Dr.Varalakshmi, the cousin of the accused. P.W.1 and her sister P.W.2-Vimala approached P.W.8-Smt.Sarada, the district committee member of Akhila Bharatha Prajatantra Mahila Sangham, Vizianagaram District, also held mediations, and the accused repeated the same version. P.W.8 took PW.1 to Srungavarapukota police station, where she lodged Ex.P1-report.

5. On a such report, the police registered as a case in Crime Number 213 of 2012 of Srungavarapukota P.S. under Sections 417, 376, and 312 of I.P.C. During the investigation; the Investigation Officer recorded the statements of witnesses, including prosecutrix. The Investigation Officer collected the medical evidence and other evidence. The accused was arrested. After completion of the investigation, a charge sheet was filed against the accused for the offences punishable under sections 417, 376 of I.P.C., and section 3(1)(x) of SC/ST (P.O.A.) Act, 1989.

6. The case was taken on file by the Judicial Magistrate of First Class, S.Kota, as the offence under section 3 (2) (v) of the S.C.s & S.T.s (P.O.A.) Act is exclusively triable by the Sessions Court, committed the case as P.R.C. No.4 of 2013 to the Special Court. The Special Court for the trial of S.C.s & S.T.s cases framed charges against the accused under sections 417, 376