GOLLA KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is preferred by the petitioner-accused challenging judgment dated 30.07.2004 passed by the Additional Sessions Judge, Hindupur, in Criminal Appeal No.206 of 2002, whereby and whereunder conviction and sentence imposed in S.C.No.533 of 2001 dated 02.12.2002 by the Assistant Sessions Judge, Hindupur, was confirmed.

(2.) The facts of the case, in brief, are as follows: PWs.1 and 2, who are father and daughter, and the accused are residents of Devarahatti village. On 13.09.2000, when PW.1 went to Sira on personal work and his daughter PW.2 was alone attending the agricultural works in their agricultural fields, the accused went to PW.2 and caught hold of her hand and dragged her into the vanka situated on the eastern side of the fields and forcibly committed rape on her by gagging her mouth with cloth and left the place of occurrence threatening her with dire consequences that she would be killed not to reveal the occurrence to any one, and subsequently, PW.1 lodged a report on 14.09.2000, but as the police did not take any action thereon, PWs.1 and 2 approached the Additional Superintendent of Police, Anantapur, on 19.09.2000 and gave a report in writing addressed to the Superintendent of Police and the same was forwarded to the Deputy Superintendent of Police, Penukonda, who, in turn, directed PW.11- Sub Inspector of Police, Gudibanda P.S., to register the case and, thereupon, PW.11 registered the case as Crime No.22 of 2000 under Section 376 IPC and took up and conducted the investigation of the case. Further, after the completion of the investigation of the case, the corresponding charge sheet was filed.

(3.) The petitioner/accused was tried for the offence punishable under Section 376 IPC and was found guilty of committing the offence and was accordingly convicted under Section 235 (2) Cr.P.C. and sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of L 1,000/- and in default of paying the fine to undergo simple imprisonment for six months, whereas aggrieved by the same, the accused preferred the Criminal Appeal No.206 of 2002, whereby the learned Additional Sessions Judge, Hindupur, on the consideration of the material available on record, confirmed the judgment of the trial Court, and aggrieved by that, the petitioner-accused has preferred the present Criminal Revision Case.