The vs Unknown
2022 Latest Caselaw 2272 AP

Citation : 2022 Latest Caselaw 2272 AP
Judgement Date : 4 May, 2022

Andhra Pradesh High Court - Amravati

The vs Unknown on 4 May, 2022

        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                       MAIN CASE No.: Crl.A.No.183 of 2022

                                 PROCEEDING SHEET

Sl.                                                                              Office
        DATE                                ORDER
No                                                                               Note

1.

04.05.2022 CMR, J

Crl.A. No.183 of 2022

Admit.

Notice.

Post the matter after Summer Vacation, 2022.

________ CMR, J I.A.No.1 of 2022

The petitioner is A-2 in S.C.No.1 of 2021 on the file of the learned III Additional District & Sessions Judge - cum - Judge, Family Court, Srikakulam, FAC for Special Judge for Trial of cases under the Protection of Children from Sexual Offences Act, 2012, Srikakulam.

The petitioner was convicted for the offence punishable under Section 376(2)(i) IPC and was sentenced to under rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for a period of two years as per the judgment dated 19.04.2022.

The facts of the case show that the victim girl in this case was a minor aged about 14 years at the time of committing the said offence. In fact, as it is stated that the victim girl was murdered, the petitioner along with A-1 was also tried for the offences punishable under Sections 302 r/w 109 and 120-B IPC. But, the trial Court found the petitioner guilty of committing the offence punishable under Section 376(2)(i) IPC after considering the evidence adduced by the prosecution in proof of the guilt of the petitioner in commission of the said offence and on appreciation of the said evidence.

Therefore, as it is a case relating to committing rape on a minor girl aged about 14 years and as the petitioner was found guilty of committing the said offence on the basis of the evidence that was adduced by the prosecution, having regard to the gravity of the offence and in view of the facts and circumstances of the case, this Court is not inclined to suspend the execution of the said sentence and to enlarge the petitioner on bail.

Therefore, the Interlocutory Application is dismissed.

________ CMR, J

AKN