(1.) THE appellant (accused No.1) was tried along with accused 2 to 4 for offences punishable under Sections 376, 506 and 504 read with Section 34 IPC. The learned Sessions Judge has acquitted accused 2 to 4 and convicted accused No.1 for an offence punishable under Section 376 IPC. Therefore, he is before this Court.
(2.) I have heard Sri Tony Sebastian, learned Senior Counsel for accused and learned Government Advocate for State.
(3.) IT is the case of the prosecution that about three months prior to 24.7.2006 at about 10.00 a.m., near Samadhi Katte at Maddayyanahundi Village, Gundulpet Taluk, accused committed rape on victim aged at about 17 years.