S INDERJEET SINGH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is filed by the appellant -accused No.2 against the conviction and sentence passed in Sessions Case No.55 of 2002 on 26.7.2005.

(2.) THE case of the prosecution in brief is as follows: PW1 lodged a complaint on 13.10.1999 at about 16.00 hours at Kachiguda Police Station alleging that after the incident of the previous day, both the accused Harvinder Singh and Inderjeet Singh alias Sonu have visited her STD Booth and took her to the main road in front of the STD Booth. Her husband informed to police of Kachiguda Police Station and the Deputy Commissioner of Police, East Zone, over a telephone about the incident. Meanwhile, the accused have tom her nighty, made her breast naked, causing scratch marks and tried to cut and damage the same and her husband intervened and stopped A1 from further cutting her nighty. It is alleged that both the accused tried to rape her on the main road in the presence of 100 to 150 people. A2 proclaimed that ''Aaz Tere Ko Main Public Ke Samne Nanga Kar Ke Poora Kachiguda Me choomavunga '', and A1 proclaimed that ''Aaz Tum Dono Ko Kill Kar Ke Rahoonga ''. It is further alleged that she sustained injuries over her body including hand and breast and both the accused are their neighbours and they are jealous and are trying to damage her carrier, business, prestige and also life.

(3.) THE learned Sessions Judge after following due procedure, framed charges under Sections 354, 323 and 509 read with 34 IPC against the accused, read over and explained to them in Telugu, for which, they pleaded not guilty and claimed to be tried.