Karumuri Lakshmi Nagendra Babu ... vs The State Of Andhra Pradesh
2024 Latest Caselaw 6584 AP

Andhra Pradesh High Court - Amravati

Karumuri Lakshmi Nagendra Babu ... vs The State Of Andhra Pradesh on 1 August, 2024

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                              Crl.A.No.455 OF 2024

                              PROCEEDING SHEET

Sl.                                                                         OFFICE
        DATE                               ORDER
No.                                                                          NOTE
01.   01.08.2024   VJP,J:
                                       I.A.No.1 of 2024
                       This petition is filed under Section 389(1)
                   Cr.P.C. seeking suspension of sentence of
                   imprisonment imposed against the petitioner/sole
                   accused in Spl.S.C.No.517 of 2022, on the file of
                   Special Court for Speedy Trial of Offences Under
                   Protection of Children from Sexual Offences Act
                   2012,    Krishna,     Machilipatnam,    wherein    the
                   petitioner/sole     accused   was      sentenced    to
                   undergo simple imprisonment for a period of one
                   year and pay a fine of Rs.1,000/- for the offence
                   punishable under Section 363 of IPC and in
                   default of payment of fine to suffer simple
                   imprisonment for one month. He was further
                   sentenced to undergo simple imprisonment for a
                   period of one year and pay a fine of Rs.1,000/-
                   for the offence punishable under Section 506 of
                   IPC and in default of payment of fine to suffer
                   simple imprisonment for one month.
                       Ms.V.Disha Chowdary, learned Assistant
                   Public Prosecutor, takes notice for respondent.

Sri Ghantasala Udaya Bhaskar, learned counsel for the petitioner/ appellant would submit that they got merits in the Appeal. Learned trial judge has not appreciated the evidence in right perspective. P.W.Nos.2 and 3 who are the victim girls themselves boarded in the auto to go to college instead of college they went to Repalle. A false case has been lodged against the petitioner. He has no criminal antecedents. The fine amount has been paid.

In that view, since the Appeal is preferred challenging the validity and correctness of the impugned judgment, the petition is allowed. The sentence of imprisonment passed against the petitioner is hereby suspended pending disposal of the Appeal, on the same terms and conditions as imposed by the trial Court.

_________ VJP,J

Crl.A.No.455 OF 2024

List the matter in the usual course.

_________ VJP,J

Note:CC today B/o.

MH