MUJAHID KHAN JUNAID Vs. STATE OF A. P.

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973, is filed by the appellant/accused aggrieved by the judgment, dated 15.09.2009, rendered in S.C.No.278 of 2008 on the file of IV Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder, the appellant/accused was convicted and sentenced to undergo rigorous imprisonment for a period of six years and to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for three months for the offence punishable under Section 366-A I.P.C. and further, sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month for the offence punishable under Section 506 I.P.C. Both the substantive sentences are directed to run concurrently.

(2.) Heard learned counsel for the appellant/accused and the learned Special Assistant Public Prosecutor representing the respondent/State and perused the record.

(3.) Learned counsel for the appellant/accused would contend that without there being any legally acceptable evidence, the appellant/accused was convicted and sentenced for the offences punishable under Sections 366-A and 506 I.P.C.; that there is inconsistency in the evidence of PW.5 - prosecutrix; that on suspicion, a false report was lodged against the appellant/accused by PW.1, father of the victim; that there is no corroboration in the evidence of PWs.1 to 5; that the trial Court had failed to take note of the statement of PW.5 (victim) that she went to her relations house on the eve of Muharram; that the prosecution failed to prove the guilt of the appellant/accused beyond all reasonable doubt and ultimately, prayed to set aside the conviction and sentence recorded against the appellant/accused by the trial Court.