SAVARA BENNADU Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Additional Assistant Sessions Judge, Srikakulam on 8/1/2001 in SC No.94 of 1999.

(2.) THE first accused is the appellant. In all, five accused were put up for trial before the learned Additional Assistant Sessions Judge. Among the accused, the appellant/A1 was tried for the charges under Sections 376(2(c)(e) and 506(h) of IPC and the accused 2 to 5 were tried for the charges under Sections 201 and 176 of IPC. THE learned Additional Assistant Sessions Judge acquitted A2 to A5 for the charges under Sections 201 and 176 of IPC, but convicted the appellant/A1 for the offence under Section 376(2)(c) of IPC and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for three months.

(3.) THE prosecution in order to establish the guilt of the appellant/A1 and other accused, examined PWs.1 to 14, marked Exs.P1 to P13 and M.Os.1 to 3. THE appellant did not propose to examine any witnesses. Exs.D1 to D3 were marked on behalf of the appellant.