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2024 Supreme(SC) 1102

C. T. RAVIKUMAR, SANJAY KAROL
Didde Srinivas – Appellant
Versus
State SHO, Podduru Police Station – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S. Nagamuthu, Sr. Adv. Mr. D. Srinivas, Adv. Mr. Somanatha Padhan, AOR
For the Respondent(s): Ms. Prerna Singh, Adv. Mr. Guntur Pramod Kumar, AOR Mr. Dhruv Yadav, Adv.

JUDGMENT

C.T. Ravikumar, J.

Leave granted.

1. This appeal by special leave is directed against the judgment and order dated 16.3.2023 passed by the High Court of Andhra Pradesh at Amravati in CRRC No. 1937/2004.

2. The appellant stood the trial in Sessions Case No. 109/2000 before the Court of Assistant Sessions Judge, Narasapur. The Trial Court convicted the appellant under Section 376 read with Section 511 besides under Section 451, of the Indian Penal Code, 1860 (IPC) and sentenced him for rigorous imprisonment (R.I.) for three years for the offence of ‘rape’ and R.I. for one year and a fine of Rs. 200/- for the offence under Section 451, IPC. The sentences were ordered to be run concurrently.

3. In appeal, Court of VIth Additional and Sessions Judge (Fast Track Court), Narasapur, West Godavari District confirmed the conviction and sentence on the appellant under Section 451 IPC and modified the conviction and sentence under Section 376 IPC to one under Section 354 IPC. Consequently, for the conviction therefor, he was sentenced to undergo R.I. for two years. The fine imposed for the conviction under Section 376 was maintained in regard to conviction under Section 354, IPC. It is ch

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