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1983 Supreme(AP) 214

Andhra Pradesh High Court
Judges : V.RAMASWAMI
TPPILI TRINADHA RAO - Appellant
Versus
State OF A.P. REP.BY THE PUBLIC PROSECUTOR, HYDERABAD - Respondent
Crl. R.C. No. 456/82
Decided On : 06-15-83
Advocates Appeared :
Mr. Y. Salyanarayana

Headnote:PROBATION OF OFFENDERS ACT, 1958, Accused convicted under Sec. 354 of Indian Penal Code - Not entitled to the benefit of the Act.

       Held : If the beneficial provision of the Probation of Offenders Act is extended to the Offenders like one punishable under Sec. 354 I.P.C. for outraging the modesty of a teen-aged girl and of like offences on women. It would not only encourage further escalation of the Crime, but also would become difficult to check or arrest the perpetration of those Crimes and imperil the modesty of s9veral Innocent girls. Under those circumstances, the Court has to circumspect In extending the beneficial provision to the offender committed on the weaker section viz., women. If the commission of these crimes remains unchecked then it would threaten the social harmony and security of free movement of womanfolk and thereby danger to the security of the Society itself. Under those circumstances, the Court would be slow if not loathe to extend the benefit of the Probation of Offenders Act to such type of offences.

       Crl. R. C. Dismissed.

       

V. RAMASWAMI, J.

( 1 ) THE petitioner was charged and convicted for an offence under section 354 I. P. C. , and sentenced to under go rigorous imprisonment for six months and to pay a fine of Rs 100/-In default of payment of fine, he was sentenced to undergo simple imprisonment for one month. On appeal while confirming the conviction, the lower appellate court reduced the period of sentence to two months and confirmed the fine of Rs, 100/. Thus the revision came to be filed.

( 2 ) THE case of the prosecution is that on 11. 4. 1981 at about 6 p. m. while P. W. I a young girl of 16 years was returing from the field known as kothacheruvu Isthuva , the accused was in the field bund of Rakoti Satyam and on seeing PWI the accused caught hold of her hand in the first Instance and dragged her. when she got herself released from his clutches, the accused agin caught hold of her saree and dragged her. Thereupon she raised hue and cry upon hearing of which PWs. and 4 who were in the neighbourhood arrived at the scene and on seeing them the accused ran away. The case of the prosecution was substantiated by the evidence of P. W. I the victim and PWs. 3 and 4 the other witnesses. Their evidence has been considered by the trial court as well as appellate court in extenso and the same was believed by both the courts. The accused was accordingly convicted.

( 3 ) IN this revision, the, contentions raised in the court below have been reiterated viz. , that P. W. I is not speaking the truth for the reason tht HO scratches have been found on her person and the saree which was caught hold of by the accused was not torn off and the same was not produced before the court. Thtse two circumstances throw any amount of doubt regarding the manner of occurrence spoken to by P. W. I. The other contention raised is that the presence of PWs. 3 and 4 is doubifnl. Accordiag to the evidence, PW. 4 doei not own any land in the nighbourhood and PW3 4id not go to the scene as stated by him. These are the factual circumstances on which reliance has been placed to persuade me to come to that conclusion the prosecution has not establised its case beyond reasonable doubt, I have gone through the judgment of the appellate court and it has given cogent reasons for believing the prosecution case and I do not find any sufficient ground to disagree with its finding. The trial court has the advantage of seeing the demeanour of the witnesses and the manner in which they gave evidence. No substantial grounds except the grounds that were repeated before the court below have been urged before me. Under those circumstances, while exercising my revisional jurisdiction, 1 cannot lightly brush aside the reasoning given by the Courts below and come to a different conclusion. Therefore, in the absence of any substantial material i am not inclined to differ from the conclusion reached by the trial court on the appreciation of the evidence. The prosecution has established its case beyond any shadow of doubt and the conviction is legal and valid:

( 4 ) WITH regard to the sentence, Sri Satyanaraynna, the learned counsel for the petitioner, contends that the petitioner is aged about 19 years on the date when he was convicted by the trail court. Though the petitionr made bis statement under section 313 Cr. PC. , that he was aged about 21 years, as a fact he is only 19 years and that therefore he is entitled to the benefit of the provisions of the Probation of Offenders Act. He further contends that though this point has not been raise in the court below, he may be permitted to raise this point and a report may be called for regarding the character and antecedents of the petitioner. nd the benefit of Probation of Offendrs Act may be extended to him.

( 5 ) SECTION 19 of the Probation of Offenders Act, 1958 says subject to the provisions of Section 18, Section 562 of the Code shall cease to apply to the States or parts thereof in which this Act is brought into force, therefore, we have to deal






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