STATE OF ANDHRA PRADESH Vs. MADAVI LAXMIKANTH PAVAN

JUDGEMENT

(1.) State preferred the present Criminal Appeal by invoking the provision under Section 378 (1) & (3) of the Code of Criminal Procedure (in short 'Cr.P.C.') challenging the judgment dated 22.08.2008 rendered in S.C.No.88 of 2007 on the file of the Assistant Sessions Judge, Adilabad.

(2.) The case of the prosecution, in nutshell, is that on 23.06.2006 at about 6.00 and 7.00 P.M., when the elder daughter of P.W.1 by name Baby went to the outskirts of Mediguda village to attend the nature calls, the respondent/accused came there and gagged her mouth, threatened her with dire consequences to kill her if she would make hue and cry, took her to Sathnala river, pressed her breast and tried to have intercourse with her and remained there throughout the night and on the next day morning he took her to Adilabad through forest way, kept her in his uncle's house.

(3.) On appearance of the accused, charges under Sections 363, 354 and 506 (ii) of I.P.C. came to be framed against him, read over and explained to him, to which he pleaded not guilty and claimed to be tried.