JUDGMENT :

The unsuccessful accused in Sessions Case No.160 of 2008, on the file of Sessions Judge, Mahila Court, Vijayawada (“Sessions Judge” for short), challenging the judgment, dated 02.03.2009, filed the present Criminal Appeal. The unsuccessful accused in the above said case faced charge under Section 376 of the Indian Penal Code (“I.P.C” for short) and after completion of trial, he was convicted under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for six months.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the Sessions Judge, Mahila Court, Vijayawada, for the sake of the convenience.

3. The Sessions Case No.160 of 2008 arose out of a committal order in P.R.C.No.30 of 2008, on the file of I Additional Chief Metropolitan Magistrate, Vijayawada, pertaining to Crime No.166 of 2008 of Satyanarayanapuram Police Station, Vijayawada City, alleging the offence under Section 376 of I.P.C.

4. The State, represented by the Inspector of Police, S.N. Puram Police Station, Vijayawada City,