GANTA MALLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri Syed Ghouse Basha, Counsel representing the appellant-accused and the Additional Public Prosecutor Sri Mohd. Usman Sahid.

(2.) The appellant-accused was charged with Section 376 (2) (f) IPC for committing rape on a chiId-P.W.2 on 11-9-1998. On appreciation of the evidence of P.Ws. 1 to 13 and Exs.P-1 to P-11 and M.Os. 1 to 3, the Assistant Sessions Judge, Nalgonda, arrived at a conclusion that the appellant-accused is guilty of an offence under Section 376 (2) (f) IPC and he convicted and sentenced the accused to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.500/- in default, to undergo Simple Imprisonment for three months. Aggrieved by the same, the present criminal appeal is filed.

(3.) The judgment in Sessions Case No. 75 of 2000 on the file of the learned Assistant Sessions Judge, Nalgonda, was delivered on 15-7-2000, and this Court by an order dated 5-9-2000 had observed that the petitioner-appellant has been convicted for the offence under Section 376(2)(f) IPC and sentenced to undergo Rigorous Imprisonment for ten years. He is in custody for the last two years and this bail application has been filed which is opposed by the learned Pubic Prosecutor who submits that since the accused has been convicted in a serious offence and sentenced to undergo Rigorous Imprisonment for ten years, therefore, this Court may direct early disposal of the appeal. The bail application is dismissed. The appeal be processed and listed for final hearing in the last week of October, 2000.