CHITTINEEDI SURIBABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS is an appeal from the judgment dated 25/7/2003 passed by the learned Assistant Sessions Judge, Peddapuram in Sessions Case No.171 of 2001, whereby and whereunder the appellant was convicted for the offence under Sections 376, 377, 342 and 506(2) IPC and was sentenced to undergo rigorous imprisonment for five years and also to pay fine of Rs.1,000/- in default to suffer simple imprisonment for two months for the offence under Section 376 IPC and was further sentenced to undergo rigorous imprisonment for two years for the offence under Section 506(2) IPC. The substantive sentences were directed to run concurrently and the accused was held entitled to set off of the remand period if any already undergone under Section 428 Cr.P.C. Challenging the said order of the conviction and sentence, the appellant preferred the criminal appeal.

(2.) I have heard Sri V. Brahmaiah Chowdary, learned Counsel appearing for the appellant and learned Public Prosecutor representing the State.

(3.) ON receiving the said report forwarded by the Village Administrative Officer, the Sub-Inspector of Police, Rangampeta Police Station registered a case in Crime No.96 of 2000 under Section 376, 377, 342, 506(2) IPC. He investigated into the offence and on completing the investigation filed charge-sheet. After the case was committed to the learned Assistant Sessions Judge, Peddapuram, he framed charges under Sections 376, 377, 342 and 506(2) IPC and read over and explained the said charges to the appellant for which the appellant pleaded not guilty and claimed to be tried.