The judgment establishes the guilt of the accused based on the evidence of attempted rape and assault, highlighting the importance of proving the accused's actions and intentions in criminal cases.

JUDGMENT :

The judgment, dated 26.11.2009 in SC ST Session Case No.68 of 2008, on the file of Special Judge for Trial of Cases under SCs & STs (POA) Act, East Godavari at Rajahmundry (“Special Judge” for short) is under challenge in this Criminal Appeal filed by the unsuccessful accused in the above said SC ST Sessions Case. The accused before the learned Special Judge faced trial for the charge under Section 376 r/w 511 of the Indian Penal Code (“I.P.C.” for short) and another charge under Section 3(1) (xi) SCs & STs (POA) Act, 1989 and the learned Special Judge on conclusion of trial and after hearing the arguments, found the accused guilty of the charges, convicted and sentenced him for the said charges. Challenging the same, the unsuccessful accused filed the present Criminal Appeal.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the Court below for the sake of the convenience.

3. The SC ST Sessions Case No.68 of 2008 on the file of Special Judge arose out of a committal order in P.R.C.No.23 of 2007 on the file of Judicial Magistrate of First Class, Prathipadu, pertaining to Crime No.9 of 2007 of Kirlampudi Police Station.

4. The State, represented by the Sub-Divisional Police Officer, Peddapuram Sub-Division, filed the charge sheet in the above said crime alleging in substance as follows:

(i) The victim girl belongs to SC-Mala and aged 16 years. She is working as coolie along with Talupulamma and Kotnala Seetha. While so, on 06.02.2007 at about 7-00 a.m., she along with Kotnala Seetha went to coolie work in the paddy field of Kalepureddy Koteswara Rao located at Jagapathi Nagaram, H/o Simhadripuram village. While she was attending the work, the accused went to the land, called her by gestures and when she abused, he ran away. At about 1-00 p.m., after completing the work while she was returning from the fields along with L.W.3- Kotnala Seetha and when they were going to their house along with the cart track, the accused who hide himself near the grass heap in the land of Malla Appa Rao, caught hold of the victim all of a sudden, dragged her forcibly, laid her down near one of the heaps, torn her upper garments, laid himself over her, lifted her undergarments and attempted to commit rape. On seeing the same, LW.3-Kotnala Seetha raised cries. LW.4-Tangidipalli Satti Babu, LW.5-Kotnala Nageswara Rao, LW.6-S. Veerabhadra Rao and LW.8-K. Koteswara Rao, who were working nearby in thesugarcane land of Kalepureddy Koteswara Rao joined with LW.2- Talupulamma and rushed to the land of Malla Appa Rao and found the accused getting up from the victim. When they tried to catch hold of him, he tried to escape and then they caught hold of him. But, in the mean time, Kapu caste elders intervened. On receipt of written report from the victim, case was registered and investigated into.

(ii) During the course of investigation, the Sub-Divisional Police Officer, recorded the statements of witnesses, visited the scene of offence in the presence of the mediators and drafted observation report and prepared rough sketch. He sent the victim for medical examination. He altered the Section of law from Section 354 of IPC into 376 r/w 511 of IPC and filed a memo to that effect before the Court concerned.

(iii) While so, the accused visited Kirlampudi Police Station on 06.02.2007 and gave statement which was recorded by L.W.14-Sub Inspector of Police and was registered as a case in Crime No.10 of 2007 under Sections 342 and 323 r/w 34 of I.P.C. against L.W.4-Tangidipalli Sathi Babu, L.W.5-Kakada Nageswara Rao and L.W.6-Sundarapalli Veerabhadra Rao. The Sub Inspector of Police kept the accused under surveillance after getting him treated at Community Health Center, Prathipadu.L.W.15-Sub Divisional Police Officer arrested the accused on 07.02.2007 and sent him to remand.

(iv) L.W.11 Medical Officer, who examined the victim, issued wound certificate, stating that the victim is habituated to sexual intercourse, but, ther