B HANUMAN PRASAD Vs. STATE OF A. P.

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellant/accused aggrieved by the judgment, dated 31.07.2009, rendered in Sessions Case No.29 of 2009 on the file of VII Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder, the learned Sessions Judge found the appellant/accused guilty of the offence punishable under Section 376 IPC and accordingly, he was convicted and sentenced to undergo rigours imprisonment for a period of ten (10) years and to pay fine of Rs.1,000/-, in default to undergo simple imprisonment for a period of three months for the said offence.

(2.) Heard the learned counsel for the appellant/accused and the learned Additional Public Prosecutor appearing for the respondentState. Perused the record.

(3.) Learned counsel for the appellant/accused would submit that there are material contradictions in the evidence of prosecution witnesses; that though there is inconsistency in the medial evidence, the trial Court found the appellant/accused guilty of the offence under Section 376 IPC and accordingly, convicted and sentenced him to suffer rigorous imprisonment for a period of ten (10) years, which is harsh and ultimately prayed to set aside the same.