STATE OF A.P. Vs. ADALATH ABHIRAM

JUDGEMENT

(1.) Challenging the validity and the legality of the judgment dated 30. 8.2010 rendered by the Court of the Assistant Sessions Judge, Khammam, in S.C.No.200 of 2010, the appellant approached this Court by way of appeal.

(2.) In the grounds of appeal, it is urged that the judgment of the trial Court is contrary to law, weight of evidence and probabilities of the case; that the learned judge of the trial Court ought to have seen that the ingredients to constitute the offences punishable under Sections 417 and 376 I.P.C. were made out by the prosecution; that the learned judge ought to have seen that P.W-1 clearly revealed that the respondent-accused obtained her consent by misconception of fact and had sexual intercourse; that the learned judge ought to have considered the evidence of the prosecution witnesses in correct perspective and thus, the acquittal of the respondent-accused is unsustainable and therefore, the appeal has to be allowed.

(3.) Reported to take it as heard by the learned Additional Public Prosecutor and also by the learned counsel appearing for the respondent-accused.