STATE Vs. K SURESH REDDY

JUDGEMENT

(1.) CRL .A 1873/2006 is filed by the State against judgment of acquittal of respondents in Crl.A 274/2005. Crl.RP 1987/2006 is filed against the same judgment by the victim.

(2.) I have heard learned Government Advocate for the Sate and Sri.K.A.Chandrashekar, learned counsel for petitioner in Crl.RP 1987/2006. The learned counsel for respondents (accused) is absent.

(3.) THE petitioner in Crl.RP 1987/2006 namely Sujatha Reddy was married to accused no.1 -Suresh Reddy on 25.05.1989. They lived happily for a period of 1 1/2 years. PW.1 -Sujatha Reddy gave birth to a child. Thereafter, differences arose between the parties and they were living separately. In the year 1993, the first accused filed a divorce petition in O.P.No.325/1994 on the file of First Additional Family Judge at Hyderabad alleging that PW.1 (his wife) has illicit intimacy with one of her colleagues namely Umapathi Raju. The notice of divorce petition was served on PW.1. For the reasons best -known to her, she did not contest the divorce petition though serious allegations were made against her. The First Additional Family Judge at Hyderabad accepted O.P.No.325/1994 and granted a decree of divorce. PW.1 had approached the High Court of Andhra Pradesh regarding custody of her daughter. The High Court of Andhra Pradesh declined to grant custody of child (daughter) however, gave visiting rights to PW.1. Thereafter, PW.1 was living in her parents house at Davangere. The aforestated facts are borne by documentary evidence relied upon by the parties.