P.VASANTHA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is filed by the mother of the victim girl, questioning the judgment in Criminal Appeal No.44 of 2005 passed by the Principal Sessions Judge extending the benefit under Sec. 4 of Probation of Offenders Act, 1958 (For short 'the Act') suspending the sentence of three years granted by the trial Court in S.C.No.680 of 2004, dtd. 3/11/2005 for the offence of rape committed on the girl aged five years.

(2.) The 2nd respondent/accused was tried for the offence under Sec. 376(f) of IPC. Petitioner (PW1) herein is mother of victim girl (PW2) and defacto complainant. It is the case of the prosecution that P.W.2 victim girl was aged 5 years when the incident had taken place. On the day of incident, PW1 was looking for the victim girl and it was informed by the sister of the victim that victim girl went to the opposite house of the 2nd respondent/accused. P.W.1 went to the house of accused had taken back P.W.2. She noticed some semen marks on the underwear of the victim girl. Victim girl was cleaned up, bath given and thereafter taken to the police station. Having received complaint from PW1, the police arrested the accused. Having concluded investigation, police filed charge sheet.

(3.) The learned Assistant Sessions Judge, who conducted trial, examined P.Ws.1 to 13 and marked Exs.P1 to P9. In support of defence, D.W.1 was examined and Ex.D1 document was marked.