JUDGMENT

1. Challenge in this Criminal Appeal is to the judgment, dtd. 1/7/2009, in Special Sessions Case No.6 of 2008 on the file of the Court of Special Sessions Judge for SC & ST (POA) Act, Kadapa (for short, 'the learned Special Judge') where under the learned Special Sessions Judge found Accused No.1 (A-1) guilty of the charge under Sec. 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1989 (for short, 'the SCs and STs Act') and convicted him under Sec. 235(2) Cr.P.C. and after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.500.00 in default to suffer Simple Imprisonment for 15 days.

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

3. The Special Sessions Case No.6 of 2008 arose out of the committal order in PRC No.35 of 2007 on the file of the Court of Judicial First Class Magistrate, L.R. Palli pertaining to Crime No.65 of 2007 of Galiveedu Police Station registered for the offences under Ss. 323 and 355 IPC R/w. Sec. 3(1)(x) of the SCs and STs Act.

4. The case of the