CHOPPARI SAMBAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is filed against the conviction and sentence imposed by learned IV Additional Sessions Judge, Warangal, vide judgment, dtd. 16/10/2007, in Criminal Appeal No.20 of 2007 confirming the order of learned II Additional Assistant Sessions Judge, Warangal in S.C.No.137 of 2006, dtd. 21/7/2000, wherein the revision petitioner/ accused was convicted for the offence under Sec. 354 of Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo imprisonment for a period of five (05) years and to pay fine of Rs.1,000.00.

(2.) Heard Shri V.S.M.Pritham Kanumuri, learned Legal Aid Counsel for revision petitioner/accused and learned Additional Public Prosecutor appearing for respondent-State.

(3.) Learned counsel for revision petitioner submitted that the Appellate Court erred in reaching the conclusion in convicting the revision petitioner/ accused under Sec. 354 of IPC on the testimony of PW3. It is further submitted that there was a delay in lodging the complaint and that the evidence of the prosecution witnesses was at variance and not supportive to the case of prosecution. It is contended that no reasons are forthcoming for rejection of evidence of revision petitioner. It is further contended that evidence of PW3, an independent witness, cannot be relied, as PW3 statements are not corroborated and hence, evidence of PW3 is not enough to prove the guilt of the accused. It is also contended that accused, a Registered Medical Practitioner (RMP), had been treating the family members of the complainant and a false complaint was lodged against revision petitioner, when revision petitioner demanded amounts due, for the treatment rendered.