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2020 Supreme(AP) 280
IN THE HIGH COURT OF ANDHRA PRADESH
C.PRAVEEN KUMAR, J.
Angara Mohana Rao, & Another – Appellant
Versus
The State Of AP Rep By Its PP Hyd. - Respondent
Criminal Revision Case No. 717 of 2008 Criminal Revision Case No. 719 of 2008
Decided on : 04-03-2020
Advocate Appeared:
For the Appellant : BALAJI MEDAMALLI
Point of Law: It is no doubt true that this is a revision, where, both the courts have concurrently found the involvement of the accused, but, having seen the entire evidence available on record, a doubt arise as to the incident in question, having regard to the disputes between both the families
Headnote:
Indian Penal Code, 1860 - Sections 354, 342 and 323 read with 34 - Revisions are filed against the Judgment and conviction - Held, It is not the case of prosecution that the body of PW2 was emanating the smell of kerosene - Apart from that, as observed by me earlier, the version of PW3 is to the affect that, herself, PW1 and PW2 were living together in the house of her father and she sent PW1 to the house of A1 to collect maintenance money, which is again does not fit in with the version of PW1 and PW2 - It is no doubt true that this is a revision, where, both the courts have concurrently found the involvement of the accused, but, having seen the entire evidence available on record, a doubt arise as to the incident in question, having regard to the disputes between both the families - Criminal Revisions Cases are allowed.
Facts of the Case:
Originally, Accused No. 1 to 4 were tried for the offences punishable under Sections 354, 342 and 323 read with 34 IPC. By its Judgment, dated 08.10.2007, the learned Principal Assistant Sessions Judge, Eluru, convicted all the four accused for the offence punishable under Section 354 read with 34 IPC and sentenced each of them to suffer rigorous imprisonment for a period of 05 years and to pay fine of Rs.500/-in default to suffer simple imprisonment for 03 months. Further, the accused were also convicted for the offence punishable under Sections 342 and 323 IPC and sentenced each of them to suffer rigorous imprisonment
Finding of the Court:
It is not the case of prosecution that the body of PW2 was emanating the smell of kerosene - Apart from that, as observed by me earlier, the version of PW3 is to the affect that, herself, PW1 and PW2 were living together in the house of her father and she sent PW1 to the house of A1 to collect maintenance money, which is again does not fit in with the version of PW1 and PW2 - It is no doubt true that this is a revision, where, both the courts have concurrently found the involvement of the accused, but, having seen the entire evidence available on record, a doubt arise as to the incident in question, having regard to the disputes between both the families
Result: Criminal Revisions Cases are allowed.
ORDER :
1. These Revisions are filed against the Judgment and conviction in Crl. A. No. 227 of 2007 and Crl. A. No. 228 of 2007. Since, these Revisions are filed against the judgments in appeal, which in turn came to be filed against the Judgment in S.C. No. 205 of 2005, they are disposed off by this Common Judgment.
2. Originally, Accused No. 1 to 4 were tried for the offences punishable under Sections 354, 342 and 323 read with 34 IPC. By its Judgment, dated 08.10.2007, the learned Principal Assistant Sessions Judge, Eluru, convicted all the four accused for the offence punishable under Section 354 read with 34 IPC and sentenced each of them to suffer rigorous imprisonment for a period of 05 years and to pay fine of Rs.500/-in default to suffer simple imprisonment for 03 months. Further, the accused were also convicted for the offence punishable under Sections 342 and 323 IPC and sentenced each of them to suffer rigorous imprisonment for a period of 06 months respectively. The substantive sentences were directed to run concurrently. On appeals filed, the learned Principal Sessions Judge, West Godavari, Eluru, vide its Judgment, dated 01.05.2008, confirmed the conviction and sentence. Challenging the same, the present revisions came to be filed.
3. The facts, in issue, are as under:-
i. Accused No. 1 is the father of victim girl-PW2. Both Accused No. 1 and PW3 got separated with each other due to some clashes in their domestic life and since then they are living separately. While, the mother [PW3] of the victim girl [PW2] was staying in Komadavolu village, the Accused No. 1 was staying in Denduluru village. PW1 and PW2 were said to have been staying with their father-Accused No. 1. It is said that, Accused No. 2 along with her daughter were staying in the house of Accused No. 1 by preparing food.
ii. While things stood thus, on 15.09.2003 at about 5.00 PM, a quarrel took place between PW2-victim and Accused No. 2 in respect of vessels in the house and in that respects all the accused beat PW2 with hands and also outraged her modesty by removing her clothes from her body. Subsequently, the accused wrongfully confined PW2, who is a deaf and dumb girl, in a room. On coming to know about the same, PW1 and PW3 rushed to the house in which PW2 was confined and rescued her and thereafter, the law was set into motion by lodging the report.
iii. The evidence on record show that, on 15.09.2003 at about 10.00 PM, while PW7-ASI of Police was present in the police station, PW1 to PW3 came to the police station and PW1 lodged a report. Basing on which, a case in Crime No. 95/2003 came to be registered for the offence punishable under Sections 342, 323, 354 read with 34 IPC. Ex.P3 is the FIR. PW7 is said to have examined PW1 and PW3 and recorded the statements, but, could not record the statement of PW2 as she was a deaf and dumb girl. Thereafter, he sent PW2 to Government Hospital for medical examination through PC371 and then proceeded to the scene of offence at the house of accused no. 1. He examined the scene of offence and prepared rough sketch, which is placed on record as Ex.P4. Later, he secured the presence of PW4 and PW5 and recorded their statements.
iv. PW6-the Civil Assistant Surgeon, Government Hospital, Eluru, examined PW2 on 16.09.2003 at 12.30 PM and issued Ex.P2 wound certificate. According to him, an abrasion of 3 x 3 centimeters over medial aspect of left ankle brownish read in colour; and an abrasion of 1 x 1 centimeter over lower lip, was found.
v. PW7 who continued the investigation arrested the accused on 17.09.2003 at 6.30 PM at his house. On the next day, he is said to have arrested Accused No. 3 and 4 at the house of Accused No. 4 and sent them to custody. LW-8 Ch. Rambabu, SI of Police, took up further investigation in the matter. He verified the investigation done by PW7 and filed a charge-sheet, which was taken on file as P.R.C. No. 62 of 2004 on the file of II Additional Judicial First Class Magistrate, Eluru.
4. On a
