NALLA RAMBABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is filed against the Judgment of the Sessions Judge, W.G. District, Eluru dated 20-9-1990 in Crl. Appeal No. 68/90 confirming the conviction and sentence imposed on the petitioner to undergo R.I. for seven years and to pay a fine of Rs. 500.00. In default to suffer simple imprisonment for three months for the offence under Section 376, I.P.C.

(2.) The accused is a young man of 24 years and a resident of Cheekateegalapalem of Vinukonda taluk in Guntur District. He is eking out his livelihood as a hawker on the railway platform at Nidadavole. The victim P.W. 1 who is aged about 10 years is a resident of Samistigudem and studying V class at Atlapadu in an Elementary School. The charge against petitioner is that on 22-9-1988 at about 8.00 a.m. while P.W. 1 was going to her school as usual from Samistragudem to atlapadu on the canal bund, the petitioner accosted her on the way and took her away forcibly to the nearby sugarcane field and committed rape on her against her will.

(3.) In the trial court, the prosecution examined P.Ws.1 to 5 for proving the same offence and identity. On considering the evidence on record, the trial court convicted and sentenced the petitioner-accused as mentioned above. Aggrieved by that conviction and sentence, he preferred an appeal to the Sessions Judge, West Godavari, Eluru. That appeal was dismissed confirming the Judgment of the trial court. Assailing that appellate judgment, this revision is preferred.