ANUBHAVAM VENKATA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The instant criminal revision case has been preferred against the judgment dtd. 6/7/2015 passed in Criminal Appeal No.47 of 2013 by the learned Principal Sessions Judge, Ongole, confirming the judgment, dt.13/2/2013, in S.C. No.252 of 2012 passed by the learned Assistant Sessions Judge, Chirala, whereby and whereunder the learned Assistant Sessions Judge has sentenced the present petitioner and directed to undergo five years rigorous imprisonment and to pay fine of Rs.500.00, and in default of fine, sentenced to undergo simple imprisonment for two months, for the offence punishable under Sec. 354 of the Indian Penal Code (for short 'I.P.C.').

(2.) The learned counsel for the petitioner submits that the impugned order of conviction and sentence perverse and not tenable in law. He further submits that the statements of the prosecution witnesses are false and inconsistent and thereby the prosecution has failed to bring home the charge against the petitioner beyond all reasonable doubt.

(3.) The brief facts of the prosecution case are that on 27/6/2012 at about 3:30 P.M., P.W.2, a student of an aided elementary school, returned from school and slept on the cot with fever. When P.W.1 (mother) questioned her daughter (P.W.2) as to what had happened, then P.W.2 had informed her that she went to the shop of the petitioner, located nearby the school, for purchasing eatables. The petitioner invited her to come to the house and gave her a guava fruit. At that time, the accused touched her private parts and behaved in an indecent manner. P.W.1, the mother of the victim girl, informed the elders in the vicinity and went to the house of the petitioner and questioned him. Then the accused picked up a quarrel with P.W.1 and abused her in filthy language. Thereafter, P.W.1 lodged a complaint.