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JOYMALYA BAGCHI
Mallappagari Sadasiva Reddy – Appellant
Versus
State of A. P. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Sri C.Sharan Reddy, Advocate
For the Respondent No.1: Additional Public Prosecutor

JUDGMENT

Joymalya Bagchi, J.—This Appeal is directed against the judgment and order, dated 13.05.2009, passed in Sessions Case No.775 of 2003 by the learned Special Sessions Judge for trial of cases under Scheduled Castes and Scheduled Tribes (POA) Cases, Anantapur (for short, ‘the learned Special Judge’) convicting the appellant for commission of offences punishable under Section 354 of Indian Penal Code, 1860 (for short, ‘IPC’) and under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act of 1989’) and sentencing him to suffer Rigorous Imprisonment for five (5) years and pay a fine of Rs.500/-, in default to suffer Simple Imprisonment for six (6) months more on each account. Both the sentences were directed to run concurrently. Out of the fine amount of Rs.1,000/-, Rs.500/- was directed to paid as compensation to the Victim/PW.1.

2. Prosecution case, as alleged against the appellant, is to the effect that the victim, who belongs to Madiga caste, is a resident of Madigapalle in Sangeethampalle village in Amadaguru Mandal; her husband, K. Narasimhulu (PW.4), had gone to Chkkaballapur, Karnata

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