HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.863 OF 2009
JUDGMENT:
1. This Criminal Appeal is filed by the Appellant/Accused aggrieved by the conviction recorded by the Assistant Sessions Judge, Adilabad, in S.C.No.153 of 2006, dated 07.09.2007, convicting the accused for the offence punishable under Section 376 (f) of the Indian Penal Code, and sentence of Rigorous Imprisonment for a period of ten years and a fine of Rs.200/-.
2. The case of the prosecution is that the appellant went to the house of the victim girl-PW2 and asked her water, thereafter, the accused took the victim-PW2 to his house and made her to sleep on the bench and he also slept on her, for which reason she received injury. Thereafter she went to her house and narrated the incident to her father who is PW1. The father of the victim, PW1 lodged a complaint-Ex.P1. On the basis of said complaint FIR No.34/2005 was issued which is Ex.P6.
3. As seen from the statement of the victim girl-PW2, the appellant had taken her to the house and laid on her. The 2 said incident occurred in the house and PWs.4 and 5 are the circumstantial witnesses who gathered and enquired with victim-PW2. The victim stated that as to what the appellant had done to her.
4. Immediately, after registration of the complaint, the appellant was arrested. During the course of investigation it was found that the appellant had committed the offence under Section 376(f) of Indian Penal Code.
5. However, the Doctor-PW3 who examined PW2-victim girl did not find any injuries on her body. Though the wearing apparel of the victim girl as well as the appellant, were seized there were no blood stains or semen and spermatozoa which was found by the FSL.
6. As seen from the incident, the petitioner had taken the girl and slept on her according to the victim girl. In the said circumstances, the acts of the appellant amount to an offence under Section 354 of IPC. Accordingly, the conviction under Section 376 (f) is set aside and the appellant is convicted for the offence under Section 354 of IPC.
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7. Accordingly, the Criminal Appeal is partly allowed and the appellant is convicted under Section 354 of IPC and sentenced to 3 years of imprisonment. Since the appellant is on bail, the concerned Court shall take steps to secure the presence of the appellant and send him into the prison to serve out the sentence.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date:14.09.2022 tk 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.863 OF 2009 Dated: 14.09.2022 tk