Telangana High Court
K. Srinu vs State Of A.P. on 11 August, 2022
Bench: K.Surender
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.832 OF 2009
JUDGMENT:
1. The appellant is convicted for the offence under Section 354 of
IPC and sentenced to undergo rigorous imprisonment for a period of
five years and also to pay fine of Rs.500/-, in default, to suffer
simple imprisonment for a period of three months vide judgment in
S.C.No.590 of 2007 dated 21.07.2009 passed by the I Additional
Metropolitan Sessions Judge, Hyderabad. Aggrieved by the same,
present appeal is filed.
2. The case of the prosecution is that P.W.1 is the mother, P.W.2
is the victim girl, P.W.3 is the father, P.W.5 is an independent
witness to the alleged occurrence. On 16.08.2007 P.Ws.1 and 3
parents and P.W.2, victim girl were in the house, P.Ws.1 and 3
heard cries of P.W.2 and When they entered into the room, they
noticed the appellant was wearing his pant and running away. Both
tried to catch hold of the appellant. On enquiry P.W.2 informed
that the appellant removed her underwear and also removed his
pant. P.W.2 victim girl shouted for help and the appellant fled.
3. Learned counsel for the appellant submits that the entire case
of the prosecution is cooked up to falsely implicate the appellant for
the reason of avoiding the hand loan of Rs.10,000/- taken from the
appellant. He further argued that the case is highly improbable as
the house number mentioned in Ex.P1, scene of offence
panchanama is not tallying with the house number of P.Ws.1 and
3. When there is only one entrance to the house, it is not stated by
the prosecution as to how the appellant entered the room when the
parents P.Ws.1 and 3 present in the room. P.W.2 deposed in her
cross-examination, which reads as follows:
"It is true that, I have not stated before the police about one
year back on one day, in the evening while I was doing home
work in front of my house, some other children are playing in
front of my house, at that time, the accused came there, on
seeing the accused the other children who are playing ran
away. It is true that I have not stated before the police that,
the accused took me to the front room of our house and asked
me not to disturb my parents. I do not know the accused."
4. Learned Public Prosecutor submits that the victim girl was
aged around 7 years when the incident took place and such acts of
the appellant cannot be condemned and there is no reason why
P.W.2 and the evidence of P.Ws.1 and 3 and the other eye witnesses
cannot be believed. The presence of the appellant is proved and the
victim girl narrated the incident. For the said reason, the conviction
is proper.
5. The narration of the compliant and also the witnesses P.Ws.1
to 3, the appellant entered into the house and pulled down his pant
and removed underwear of the victim girl, P.W.2. The victim girl
has categorically stated so in her chief examination. However, in her
cross-examination, the minor discrepancies which crept into the
house of P.W.2 is of no consequence. The statement that she does
not know the appellant does not mean she cannot identify the
appellant. The evidence of P.W.2 only goes to show that he
appellant was not a prior acquaintance, for which reason she stated
so.
6. The alleged incident took place in the year 2007 and there was
no attempt of rape except stating that the underwear of the victim
girl was pulled down. In the said circumstances, the sentence of
imprisonment is reduced to the period of two years.
7. In the result, the conviction recorded by the trial Court under
Section 354 of IPC is maintained. However, the sentence of
imprisonment is reduced to two years. The trial Court shall take
steps to secure the presence of the appellant and sent him to prison
to serve out the sentence. The remand period undergone by the
appellant shall be set off under Section 428 of Cr.P.C.
8. Accordingly, the Criminal Appeal is partly allowed. As a
sequel thereto, miscellaneous applications, if any, shall stand
closed.
_________________
K.SURENDER, J
Date:11.08.2022
kvs
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.832 OF 2009
Dated: 11.08.2022
kvs
