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2009 Supreme(AP) 20

G.V.SEETHAPATHY
Public Prosecutor, High Court of A. P. Hyderabad – Appellant
Versus
Radhakrishna Nagesh – Respondent


Advocates Appeared:
Additional Public Prosecutor Counsel for the Appellant.
Mr. Masthan Naidu Cherukuri Counsel for the Respondent.

JUDGMENT

This criminal appeal is directed against the judgment dated 11-2-1999 in S.C. No. 260 of 1998 on the file of the Principal Assistant Sessions Judge, Tirupati, wherein, the respondent herein/accused was found not guilty of the offences under Sections 363 and 376(2)(f) of IPC and was acquitted thereof under Section 235(1) Cr.P.C.

2. Heard the learned Additional Public Prosecutor for the appellant-State and the learned counsel for the respondent-accused. Perused the records.

3. The case of the prosecution in brief is as follows:

The accused was working as a ball picker in SV University tennis court, Tirupati, and as such he was having custody of the key of the storeroom situated to the south-east of the tennis court, wherein, tennis net and other articles are stored. The victim girl A. Haritha, is aged 11 years and she belongs to scheduled caste. Her mother Sampurnamma is working as servant maid in the red-buildings attached to the SV University.

On 7-9-1997 at about 7.00 p.m. the accused saw the victim girl Harith, standing alone outside the red buildings and called her to come along with him. At first she refused but the accused enticed her by purchasing gold colour plastic bang





















































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