DIDDE SRINIVAS Vs. STATE SHO, PODDURU POLICE STATION

JUDGEMENT

(1.) Leave granted. This appeal by special leave is directed against the judgment and order dtd. 16/3/2023 passed by the High Court of Andhra Pradesh at Amravati in CRRC No. 1937/2004.

(2.) The appellant stood the trial in Sessions Case No. 109/2000 before the Court of Assistant Sessions Judge, Narasapur. The Trial Court convicted the appellant under Sec. 376 read with Sec. 511 besides under Sec. 451, of the Indian Penal Code, 1860 (IPC) and sentenced him for rigorous imprisonment (R.I.) for three years for the offence of 'rape' and R.I. for one year and a fine of Rs.200.00 for the offence under Sec. 451, IPC. The sentences were ordered to be run concurrently.

(3.) In appeal, Court of VI th Additional and Sessions Judge (Fast Track Court), Narasapur, West Godavari District confirmed the conviction and sentence on the appellant under Sec. 451 IPC and modified the conviction and sentence under Sec. 376 IPC to one under Sec. 354 IPC. Consequently, for the conviction therefor, he was sentenced to undergo R.I. for two years. The fine imposed for the conviction under Sec. 376 was maintained in regard to conviction under Sec. 354, IPC. It is challenging the same that the revision petition was filed which culminated in the impugned judgment. As per the impugned judgment, the conviction and the sentence for both the offences were confirmed by the High Court.