SYED AMJAD AHMED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused, on being aggrieved by the judgment of the Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad, dated 11/07/1990, in Sessions Case No. 191 of 1988, on her file, convicting him for the offences under sections 366A and 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of eight years under each count and directing the substantive sentences to run concurrently, has preferred this appeal.

(2.) The case of the prosecution is briefly as follows :-

(3.) To prove the charges against the accused, prosecution examined P.Ws. 1 to 10 and got Exs. P. 12 marked. P.W. 2 Salma Begum is the victim girl and P.W. 1 Jeelani Begum is her mother. P.W. 3 Khaja Hameeduddin is the cousin brother of the father of P.W. 2 and according to him, as the father of P.W. 2 is working in Saudi-Arabia he is looking after the welfare of P.Ws. 1 and 2 and on 18-2-1988 when P.W. 1 reported to him that P.W. 2 did not return back from school, he along with P.W. 1 searched for the girl, P.W. 2, and ultimately Ex. P. 1 report was given in the Police Station. P.W. 4 Qhazi Ghouse Mohiuddin is the person who per formed the marriage between P.W. 2 and the accused and gave Exs. P. 3 and P. 4 marriage certificates. P.W. 5 Syed Naseeruddin attested Ex. P. 6 Panchanama drafted for the recovery of P.W. 2 and the two marriage certificates Exs. P. 3 and P. 4. P.W. 6 is the doctor, who, on the requisition given by Chatrinaka Police, examined P.W. 2 and found her hymen torn, and issued Ex. P. 7 certificate. P.W. 7 is the Sub-Inspector of Police who registered a case in Crime No. 37 of 1988 on the basis of Ex. P. 1 report given by P.W. 1 and Ex. P. 10 is the F.I.R. P.W. 9 Inspector of Police investigated into the case and P.W. 8 filed the charge-sheet. P.W. 10 Miss Mahara Ishruth is the Headmistress of Hyderabad Model High School in which P.W. 2 studied up to X Class. According to this witness P.W. 10, the victim girl P.W. 2 was admitted in Hyderabad Model High School on 18-6-1980 in III Class and she studied up to X Class. She has also deposed that at the time of the admission of P.W. 2, her date of birth was registered as 10-6-1973 in the admission register and Ex. P. 2 is the certificate issued by her.