Y SRINIVASA RAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The accused-appellant was prosecuted In the Court of the Assistant Sessions Judge, Hyderabad in Sessions Case No. 68 of 1990. In all four charges were framed against the accused appellant. They were sections 365, 366-A, 342 and 328 I.P.C. But at the time of trial it was for the first time the prosecutrix disclosed, that the accused- appellant had committed sexual intercourse with her and therefpre an additional; charge was framed against the accused-appellant punishable under Section 376 IP. C. The accused-appellant was given an opportunity to cross-examine the witness on additional charge On evidence, the learned Assistant Sessions Judge found the accused- appellant guilty of the offences punishable under Section 366-A and 376 I.P.C. only and therefore proceeded to convict the accused- appellant under the aforesaid sections and sentenced to suffer R.I. for Ten (10) years on each count and to pay a fine of Rs. 1,000/- on each count in default to suffer S.I. for four months under each count. The substantive sentences of imprisonment were ordered to run concurrently. The learned Sessions Judge acquitted the accused of the charges under Sections 328, 342 and 365.I.P,C.

(2.) Being aggrieved by the aforesaid order of convictions and sentences, the present appeal has been filed.

(3.) In order to connect the accused with the offence, the prosecution examined 12 witnesses. They also produced certain documents and they were marked as Exs. P-1 to P-9. The accused-appellant also examined one defence witness as D. W. 1 and produced certain documents. They were marked as Exs. D-1 and D-2.