HARIJANA GADI LINGAPPA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment dated 8-1-2002 passed in Criminal Appeal No.227 of 1999 on the file of I Additional District and Sessions Judge, Kumool, by which the learned Additional District and Sessions Judge confirmed the conviction of accused Harijana Gadi Lingappa @ Gadigadu for the offence under Section 354 EPC while modifying the conviction and sentence of the accused for the offence under Section 324 IPC to 323 IPC passed in S.C. No.490 of 1996 on the file of Assistant Sessions Judge, Adoni.

(2.) The petitioner herein is the sole accused in S.C.No.490 of 1996 on the file of Assistant Sessions Judge, Adoni. He was put on trial before the Assistant Sessions Judge, Adoni, for the offences punishable under Sections 354 and 324 IPC. The accusation made against the accused/ petitioner is that on 8-6-1996 about 10 a.m. at Gangamma Beedu Vanka, Kaminahal Village, assaulted P.W.1 and used criminal force on her by holding her hand and forced her for sexual intercourse and thereby he outraged her modesty. The further accusation made against him is that he voluntarily caused hurt to P.W. 1 by giving a blow with a stone on forehead.

(3.) The case of the prosecution in brief is : P.W.I Harijana Eramma is daughter of P.W.2 Harijana Narsappa. P.W.3 Harijana Eramma is daughter of paternal aunt of P.W.1. On 8.6.1996 at about 8 a.m., P.W.1 and P.W.3 went to Gangamma Beedu Vanka to collect fire wood. While they were collecting fire wood about 10 a.m. the accused went there and caught hold the hand of P.W.I and pulled her. When P.W.I resisted the accused grew wild, pushed her and torn her jacket and thereafter picked up a stone and beat her on forehead. P.W.3, who was near by, witnessed the incident and raised cries and thereafter she ran to the village to bring father of P.W.I. P.W.I also returned home and found that her father (P.W.2) left for Bellary on some work. P.W.2 returned home on that night and learnt the incident from P.Ws.l and 3. On the morning of the next day P.W.I to 3 went to Halaharvi Police Station where P.W.1 presented oral report, which came to be reduced into writing byP.W.6. P.W.6 S.Ramachandra Reddy, Sub-Inspector of Police, Halaharvi P.S. received Ex.P.l report, registered a case in Cr.No.37 of 1996 and issued Ex.P.14 FIR. He examined P.Ws.l to 3 and recorded their statements and seized MO.l jacket from the person of P.W.1 under the cover of panchanama. He sent P.W.I since she had an injury on her person to Government Hospital, Aluru for treatment. P.W.4 Dr. V. Rama Devi, Civil Assistant Surgeon medically examined P.W.I and found a contusion over middle of her forehead measuring 3' x 2' and issued Ex.P.2 wound certificate opining that the injury is simple in nature and it would be caused by a blunt object. P.W.6 inspected the scene of offence and prepared rough sketch of the scene, which is exhibited as Ex.P.5. He arrested the accused on 17.7.1996 at 8 a.m., and sent him for remand. After completing investigation he laid the charge-sheet against the accused in the Court of JMFC, Aluru. The learned Magistrate took the charge- sheet on file as P.R.C. No.22 of 1996 and committed the case to the Court of Sessions as the offence under Section 354 IPC is exclusively triable by the Court of Session. On committal the learned Sessions Judge took the case on file as S.C. No.490 of 1996 and made over the same to Assistant Sessions Judge, Adoni for disposal according to law. On hearing the prosecution and the accused the learned Assistant Sessions Judge framed charges under Sections 354 and 324 IPC, read over and explained the same to the accused. The accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offences with which he stood charged, the prosecution examined P.Ws.l to 6 and marked Exs.P.l to P.5 and MO.l. The defence of the accused was that a case was foisted against him due to group rivalry in the village. The learned Assistant Sessions Judge, on appreciation of the evidence brought on record, found the accused guilty for the offences under Sections 354 and 324 IPC and convicted him accordingly and sentenced him to suffer rigorous imprisonment for four years and pay a fine of Rs.500/- in default to suffer simple imprisonment for two months for the offence under Section 354 IPC and rigorous imprisonment for two years and fine of Rs.500/- in default to suffer simple imprisonment for two months for the offence under Section 324 IPC. Assailing the judgment of conviction and sentence the accused filed Crl. A. No.227 of 1999 on the file of 1st Additional District and Sessions Judge, Kurnool. The learned 1st Additional District and Sessions Judge by judgment dated 8.1.2002 confirmed the conviction of the petitioner/accused for the offence under Section 354 IPC while modifying the conviction of the accused for the offence under Section 324 IPC to the offence under Section 323 IPC. Hence, this Criminal Revision Case by the accused/petitioner.