( 1 ) THE Criminal Appeal No. 7 of 1993 is preferred by the State, being aggrieved by the judgment, sentence and conviction passed by the learned Principal assistant Sessions Judge, Tenali in Sessions case No. 447/1991 by which, the learned assistant Sessions Judge, instead of convicting the accused under Section 376 of indian Penal Code, convicted him for the offence punishable under Section 354 of indian Penal Code sentencing him to rigorous imprisonment for two years with a fine of Rs. 2,000/-, in default of payment of fine a further simple imprisonment for two months. It is to be noted at this state itself, that the accused, being aggrieved by the said judgment dated 20th August, 1992 in sessions Case No. 447 of 1991 had preferred an appeal before the First Additional sessions Judge, Guntur in Criminal Appeal no. 175 of 1992. The said appeal has been withdrawn by this Court and it is now numbered before this Court as Transfer criminal Appeal No. 13 of 1995. Since both these criminal appeals relate to the same case, the office has now posted both of them together for final hearing.

( 2 ) I have heard the counsel for the appellant-State and accused.

( 3 ) IN orde