JUDGMENT

1. The challenge in this Criminal Appeal is to the judgment, dtd. 24/1/2011 in SC ST Sessions Case No.7 of 2009, on the file of Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-Additional District & Sessions Judge, Vizianagaram ("Special Jude" for short).

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

3. The State, represented by Sub-Divisional Police Officer, Vizianagaram Sub-Division, filed charge sheet in Crime No.102 of 2009 of Poosapatirega Police Station under Sec. 3(ii)(xi) of SC/ST (POA) Act, 1989, alleging in substance that accused is resident of Kollayivalasa Village of Poosapatirega Mandal. He is doing a private job in HBL Company at Kandivalasa village. The offence took place on 27/7/2009 night at 11-00 p.m. at Yadava Street, Kollayivalasa village. L.W.1- Busakala Saraswathi is the victim and she belonged to Scheduled Caste. On 27/7/2009 night 8-00 p.m., the victim took her Television along with VCR to the house of L.W.5-Kaki Tata to exhibit the cinema in connection with the birth day celebrations of his son. After completing the first picture, L.W.5