K YESURATNAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant was convicted under Sec. 376 Penal Code and sentenced to undergo R.I. for 7 years and a fine of Rs. 500.00 in default S.I. for 2 months in S.C. No. 533/1989 by the Asst. Sessions Judge, Tenali.

(2.) Against that judgment the present appellant filed an appeal before the Sessions court, Guntur. The Principal Sessions Judge, Guntur, held that the appeal is not maintainable as the sentence of seven years and fine of Rs. 500.00 in default S.I. for two months amounts to imprisonment of more than 7 years and hence High Court only has jurisdiction to entertain the appeal under Sec. 374(2) I.P.C.

(3.) The question in the appeal is whether the appeal lies to the High Court or to the Sessions Court. A similar question came up for consideration before this court in Criminal Revision case 499 of 1987 and this court passed the order on 19-6-90 stating that to decide the forum of appeal, the substantive sentence of imprisonment only has to be taken into consideration and the fine and default clauses cannot be taken into consideration and held where the substantive sentence of imprisonment is more than 7 years, appeal lies only to the High Court.