KONDAVEETI BRAHMAM Vs. STATE REP

JUDGEMENT

(1.) (Criminal Appeal under Section 374 (2) Crl.P.C. against the Judgment dated 18-8-2000 in SC No.4 of 2000 on the file of the Court of the Sessions Judge, Mahila court, Vijayawada, Krishna District) The appellant-accused, aggrieved by the judgment dated 18.8.2000 made in Sessions Case No.4 of 2000 on the file of the Sessions Judge, Mahila Court, Vijayawada, convicting and sentencing him to undergo Rigorous Imprisonment for a period of three years for the offence under Section 363 IPC and also to undergo Rigorous Imprisonment for a period of five years for the offence under Section 354 IPC, had preferred the present appeal.

(2.) The case of the prosecution is that on 9.12.1998 at about 8.30 a.m., accused, who used to convey Mandava Srilakshmi, a girl aged below 18 years to her school in his rickshaw, took her away forcibly in his rickshaw thereby kidnapped her, and that he took her into the sugarcane fields on Kunderu Donka Road of Gandigunta, and outraged her modesty and also subjected her to criminal intimidation by threatening that he would seen the end of her family, if she revealed of the incident to anybody.

(3.) The learned IV Metropolitan Magistrate, Vijayawada took the charge sheet on file under Sections 354, 363 and 506 IPC and registered the same as PRC No.58 of 1999 and the same was committed to the Court of Sessions and the Metropolitan Sessions Judge had made over the same to the learned Sessions Judge, Mahila Court, Vijayawada on the point of jurisdiction. The learned Judge had examined P.Ws.1 to 5 and marked Exs.P-1 to P-4.