U.Dilip, vs The State Of A.P.,
2022 Latest Caselaw 4625 Tel

            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

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.

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.863 OF 2009

Dated: 14.09.2022

tk