SANNAIA SUBBA Vs. STATE OF A P

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 5.8.2003 passed by the learned Single Judge of the High Court of Andhra Pradesh at Hyderabad, convicting the three appellants under the provisions of Section 366A and Section 372 read with Section 511 Indian Penal Code, 1860 (for short IPC) and requiring each of them to undergo rigorous imprisonment for a period of 10 years and 5 years respectively on each count, which is to run concurrently. By the said order, the order dated 16.12.1996 passed by the learned Additional Assistant Sessions Judge, Guntur in SC No. 25 of 1995, acquitting the three accused was set aside.

(2.) Shri Subba Rao-appellant No. 1 and Smt. Dhanalakshmi-appellant No. 2 are respectively the father and mother of Sankar-appellant No. 3. The mother of the prosecutrix filed a missing report on 29.7.1992 at Pattabhipuram Police Station. In the said report it was stated by her that her youngest daughter Prabhavathi-prosecu trix studying in Inter 1st Year in B.H. Girls Junior College went to the college on 25.7.1992 at 12.30 p.m. and thereafter did not return to her house and that the family made an enquiry amongst the relatives and friends both in the Guntur town and in the remaining villages but she could not be traced anywhere. It was further stated that her whereabouts are not known and that they have got doubt about her missing on three persons namely Subba Rao, his wife and his son Sankar, who are residents of old Pattabhipuram, Guntur. It was also stated that the missing girl was about 16 years of age and 5 feet 3 inches in height.

(3.) The aforesaid missing report was registered as Cr. No. 88/92. After receipt of the said report, the Police started investigation, but despite the said investigation they could not trace out the girl. It transpires from the prosecution case that the girl was traced out on 11.9.1992, when she came to a bus shelter, which is opposite to the Check Post of Agricultural Market at Ravendrapadu.