BIDDU SURIBABU ALIAS SURI Vs. STATE OF AP

JUDGEMENT

(1.) This criminal revision case is preferred by the accused against the judgment dated 13-2-2001 passed in Crl.A. No.100 of 2000 by the District and Sessions Judge, Visakhapatnam, modifying the judgment dated 7-7-2000 passed in S.C. No. 160 of 1999, by the Assistant Sessions Judge, Narsipatnam.

(2.) The petitioner is the accused and the respondent is the complainant in S.C.No.160 of 1999. For the purpose of convenience, the parties are hereinafter referred to as they were arrayed in the trial Court.

(3.) The case of the prosecution in brief is that on 11-7-1999 at 2 p.m., while PW-1 was taking lunch for her husband, she encountered the accused and PW-3 at Gorrelametta near Sidhipatnam, and the accused questioned the prosecutrix where she was going, for which she replied that she was taking lunch for her husband. After going to a little distance, the accused having told PW3 that he was going for attending calls of nature, went back, caught hold of the tuft of hair of PW-1 pushed her on ground, dragged her into near by bushes, removed her clothes and attempted to commit rape. When she raised hue and cry, PW-3 came to the spot and found the attempt of the accused to commit rape on PW-1. After seeing PW-3 the accused left the place after threatened PW-1 with dire consequences if she revealed the incident anywhere. Due to fear, PW-1 went to her parents house at Surampalem of East Godavari District, and later on 8-8-1999 lodged Ex.P1 report to the Station House Officer, Nathavaram Police Station and the same was registered as a case in Cr.No.38 of 1999 under Sections 354 and 506 Part-II of IPC and after completion of investigation charge-sheet was laid.