PUBLIC PROSECUTOR Vs. DAYYALA RAMULU

JUDGEMENT

(1.) Heard the learned Additional Public Prosecutor.

(2.) The Criminal Appeal No.1035 of 1998 is preferred by the State as against the judgment dated 27.05.1996 made in Sessions Case No.33 of 1995, on the file of Assistant Sessions Judge, Karimnagar, questioning the lesser sentence awarded on the ground that the victim girl is a minor, aged about 8 years at the time of offence and should have awarded sentence of not less than ten years and fine under Section 376(2) IPC.

(3.) The Additional Public Prosecutor, no doubt, pointed out the evidence available on record and had submitted that it is as fit case, where the sentence of ten years should have been imposed. The respondent-accused was charged with an offence under Section 376 IPC, and on appreciation of evidence of P.Ws 1 to 14, Exs. P1 to P.7 and M.Os 1 to 3, the learned Judge convicted the accused for the offence punishable under Section 376 IPC and sentenced him to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.5,000/- in default, to undergo Rigorous Imprisonment for a period of one-year, and out of the fine amount, if paid by the accused, an amount of Rs.4,000/- shall be paid to the victim girl-P.W2 towards compensation under Section 357 Criminal Procedure Cr.P.C., after appeal time is over. Aggrieved by the same, this appeal had been preferred by the State.