KERI PUSHPANADHAM Vs. STATE OF A P

JUDGEMENT

(1.) The appellant-A1 in S.C.No.82 of 1996 on the file of the Sessions Judge, Mahila Court, Visakhapatnam, had preferred this Criminal Appeal, aggrieved by the judgment dated 21-09-1998.

(2.) A-1 was charged with Section 376 of the Indian Penal Code (hereinafter in short referred to as IPC' for the purpose of convenience) and A-1 to A-3 were charged with Section 506 IPC and the learned Judge on appreciation of the evidence of P.Ws.1 to 13, D.Ws.1 to 3, Exs.P-1 to P-14 and Exs.D-1 to D-5, conyicted A-1 and sentenced him to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.5,000/- and in default to undergo rigorous imprisonment for six months and the fine amount shall be given to the victim P.W.1 after appeal time. But, however, since there is no sufficient material to find A-1 to A-3 guilty of offence punishable under Section 506 IPC they were acquitted of the said charge.

(3.) The Inspector of Police, Circle III L & O, Visakhapatnam City, laid charge sheet against appellant-A-1 and also A-2 and A-3 for the offences referred to supra. The version of the prosecution is that A-1 is the cousin brother of P.W.1 who was aged below 16 years and while she was studying VII standard and while he was giving tuition to her by putting her in fear of danger to her life, had sexual intercourse with her in a portion of the house of his elder brother Dasu in the year 1994 and continued to have sexual intercourse with her for about two years that is till one month prior to giving of the Ex.P- report dated 10-01-1996 and hence, appellant A-1 is punishable under Section 376 IPC and A-1, his father A-2 and his elder brother A-3 threatened her that she would face dire consequences, if she reveals the illegal intimacy between her and A-1 and hence, A-1 to A-3 are punishable under Section 506 IPC. The same was registered as P.R.C. No.8 of 1996 and in view of the fact that this case is exclusively triable by the Court of Session, committed the same to the Court of Session and the same was made over to the Mahila Court while it was in the cadre of the Assistant Sessions Judge, for disposal, according to law and the learned Assistant Sessions Judge framed charges and after upgrading the Mahila Court, the said case was tried by the learned Sessions Judge, Mahila Court, Visakhapatnam.