ANKA PEDDA SESHAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE accused, who is the appellant herein, was tried by V additional Metropolitan Sessions Judge, manila Court, Hyderabad in S. C. No. 265 of 2002 for the alleged offences punishable under Sections 354 and 379 read with 511 ipc. The learned Judge, having considered the evidence of PWs. 1 to 9 and Exs. P1 to p3 marked on behalf of the prosecution, found the appellant guilty of the offence punishable under Section 354 IPC and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of two years and pay a fine of Rs. 500/-, in default, to suffer Simple Imprisonment for a period of two months. Questioning the judgment dated 5. 11. 2003, the appellant has filed this Criminal Appeal.

(2.) THE case of the prosecution in brief is that PWs. l and 2 are the wife and husband. On the night of 15. 3. 2001, at about 03:00 a. m. , while PW1 was sleeping in her hut under the cover of mosquito net along with her son, who is aged two years, the appellant entered the hut with an intention to commit rape on her, caught hold of her hand, took her out by force and asked her to come by the side of the hut stating that he came for her only. Then, PW1 beat him with an iron basket over his head and raised an alarm. When the appellant was trying to escape, about 20 hut-dwellers including PWs. 3 and 4 came there and caught the accused. PW4 informed over telephone about the incident to the police, who visited the spot and took the accused into custody. On the basis of the complainant lodged by PW4, who is the brother-in-law of the victim, the Assistant sub-Inspector of Police registered a case in cr. No. 72 of 2001 under Sections 59 and 70 (a and c) of City Police Act and thereafter released the appellant on bail. On 27. 3. 2001, at about 9. 15 p. m. , PWs. 1 and 2 went to the police station and gave a report about the incident that took place on 15. 3. 2001. On the basis of which, another case in cr. No. 41 of 2001 was registered against the accused for the offence punishable under Section 354 IPC. After completion of investigation, the police filed charge-sheet against the appellant for the alleged offence punishable under Section 354 IPC

(3.) SRI K. S. Rahul, learned Counsel for the appellant, has mainly contended that the registration of F. I. R. in Cr. No. 41 of 2001 itself is illegal for the reason that cr. No. 72 of 2001 was already registered. According to him, either the police or the investigating agency can register only one fir with regard to the offence, and the police, having registered a petty case in cr. No. 72 of 2001 under Sections 59 and 70 (a and b) of the City Police Act, ought not to have registered Cr. No. 41 of 2001 and filed the charge-sheet. In this context, the learned Counsel has drawn my attention to the judgment of the Apex Court in T. T. Antony v. State of Kerala and others, 2001 (2) ALD (Crl.) 276 (SC) = (2001) 6 SCC 181.