PADMARTHI SUBRAHMANYAM Vs. STATE OF REP

JUDGEMENT

(1.) (Criminal Appeal under Section 374 (2) of Crl.P.C. against the Judgment dated 5.3.2002 in SCNO: 500 of 2001 on the file of the Court of the Assistant Sessions Judge, West Godavari District at Kovvur.)

(2.) Pedamurthy Subramanyam, the sole accused in Sessions Case No.500 of 2001 on the file of the Assistant Sessions Judge. West Godavari, Kovvur, preferred the present criminal appeal aggrieved by the conviction and sentence imposed on him by the learned Judge under Section 376 IPC on the ground that the accused admitted the guilt. The prosecutrix victim had sworn to an affidavit, wherein she had stated that she is the second daughter to her parents and the appellant-accused is her neighbour and she had studied up to 5th class, later she discontinued studies and attending to Coolie work. She also stated that she fell in love with the appellant-accused, which was against the will of her mother and hence, a report was given as against the appellant-accused that he committed rape on 22-3-2000 and the same was registered as a case in Crime No.36 of 2000 under Section 376 IPC of Samisragudem Police Station and while the matter pending trial, the appellant-accused was released on bail and the elders of both the families celebrated their marriage according to the caste customs on 29-08-2000 and due to the wedlock, they begot a daughter aged about two years by name Ramya. It is also stated in the affidavit that in the year 2002, when the case came for trial in the Court of Assistant Sessions Judge, Kovvur, due to innocence her husband, admitted the offence and without conducting any trial, the Court convicted him and sentenced him to undergo Rigorous Imprisonment for a period of 10 years on 05-03-2002. It is also further stated that initially her husband was in jail for more than three months and subsequent thereto, he had been in jail for about three years. There is no dispute or controversy with her husband and his family members and she is facing some trouble in maintaining her daughter and this problem arose only due to her mother.

(3.) Apart from the affidavit sworn to by the deponent-prosecutrix-victim wife of appellant-accused, she also made a representation to the Honble the Chief Justice, in substance, narrating the same and requesting for early disposal of the matter. In the light of the material placed before this Court, there cannot be any doubt or controversy relating to the fact that the appellant-accused married the prosecutrix-victim and hence the other details relating to the alleged offence need not be seriously gone into. At any rate, in view of the admission made by the appellant-accused, the learned Judge had recorded the conviction and sentenced him as referred to supra.