Akkamalla Kasagall David vs The State Of A.P.
2022 Latest Caselaw 6977 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

        CRIMINAL REVISION CASE No.471 OF 2011

JUDGMENT:

This revision is filed by the petitioner challenging the

Judgment of the V Additional District & Sessions Judge,

Medak at Sangareddy in Crl.A.No.9 of 2009, dt.24.02.2011,

modifying the conviction imposed by the Assistant Sessions

Judge, Zaheerabad, in S.C.No.467 of 2008 dt.27.01.2009.

2. The revision petitioner was convicted by the learned

Assistant Sessions Judge, Zaheerabad, for the offence under

Section 354 and 323 of the Indian Penal Code.

3. The victim who was examined as PW1 stated that she

went to witness a drama in the village along with her son. After

witnessing the drama, she came back to her house around

10.00 P.M. His son did not accompany her for the reason of

playing with other children. While, she was going towards

Pochamma temple in the dark in search of her son, the

accused came across and asked to fulfill his desire. The victim

(PW1) refused and then the accused caught hold of her hands

and beat her. She sustained an injury as the petitioner beat on

her stomach with his legs.

4. The learned Assistant Sessions Judge found that the

deposition of PW1 is convincing and accordingly convicted the

petitioner.

5. The learned Additional Sessions Judge, Medak, finds no

infirmity in the finding of the learned Assistant Sessions judge

and confirmed the conviction, however, reduced the sentence of

the Rigorous Imprisonment to a period of two years under

Section 354 of the Indian Penal Code by setting aside the

sentence of Rigorous Imprisonment of 5 years and sentenced to

one year under Section 323 of the IPC by imposing a fine of

Rs.1,000/-.

6. As seen from the evidence of PW1, the petitioner insisted

her to fulfill his desire and when she refused, the petitioner

beat PW1 and in the said process she sustained injury. Asking

the victim (PW1) to fulfill his desire would fall under Section

509 of the Indian Penal Code for making adverse comments

and also intruding upon the privacy of a woman.

7. Thereafter, the petitioner had beaten her with legs on her

stomach. The said act even according to the petitioner was not

with an intent to outrage her modesty but for refusing to fulfill

his desire.

8. In the said circumstances, the offence of Section 323 is

also attracted.

9. For the aforementioned reasons, the petitioner is

convicted for the offence under Sections 509 and the conviction

under Section 354 of the Indian Penal Code is set aside.

However, the petitioner shall undergo imprisonment of three

months for the offence under Section 509 of the Indian Penal

Code and 323 of the Indian Penal Code.

10. Accordingly, the Criminal Revision Case is partly allowed.

The concerned Court shall cause appearance of the petitioner

and send him to prison to serve out the sentence.

Miscellaneous applications pending, if any, shall stand

closed.

__________________ K.SURENDER, J Dt.: 26.12.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No. 471 OF 2011

Dt. 26.12.2022

tk