SHAIK SHARUKH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was convicted by the learned trial Court for the offences punishable under Ss. 376 and 417 of IPC and the conviction was confirmed by the learned Appellate Court by concurrent findings.

(2.) The brief facts of the prosecution case is that prosecutrix (P.W.1) was residing in her maternal grand-parents house. Accused was also residing in the neighbouring house with his mother. Accused was studying II Year B.Tech in one Engineering College. Prosecutrix also I Year student of the B.Tech College. There was love affair between each other. On 29/1/2012, accused came to the house where P.W.1 was residing, by jumping over the wall and with the pretext of marriage, participated in sex with prosecutrix by saying some deceitful words. Thereafter, accused left the house. At that time, he was witnessed by L.W.5 and L.W.6. Again, in the month of June, on the pretext of talk at the house of L.W.4, accused again had sexual intercourse with prosecutrix. Later, accused stopped speaking with P.W.1 and did not lift phone calls. Finally, the accused stated to prosecutrix that his family is not allowed him to marry P.W.1. Thus, FIR was lodged to the police by a report of P.W.1 on 13/10/2012. During the course of trial, 13 witnesses were examined and 12 documents were marked. Some contradictions of 161 statement of P.W.1 and P.W.7 were also marked on behalf of defence. After taking the evidences and after hearing the arguments, the learned trial Court has convicted the accused for the office punishable under Sec. 376 IPC and punished him for imprisonment for seven years with a fine of Rs.5,000.00 and for three months for the offence punishable under Sec. 417 IPC. The order of conviction went up to appeal where the learned Appellate Court has also confirmed the order of conviction by dismissing the appeal. Hence, this revision case.

(3.) Submission of learned counsel for the petitioner: