The main legal point established in the judgment is the reliance on corroborative evidence, including witness testimony and medical evidence, to establish guilt under the relevant sections of the Indian Penal Code.

ORDER

A.V. Ravindra Babu, J. - Challenge in this Criminal Revision Case is to the judgment, dated 07.07.2009 in Criminal Appeal No.60 of 2006, on the file of I Additional Sessions Judge, West Godavari at Eluru ('Additional Sessions Judge' for short), whereunder the learned Additional Sessions Judge, dismissed the Criminal Appeal insofar as the conviction and sentence under Sections 451, 307 and 393 of the Indian Penal Code ('IPC' for short) is concerned and set aside the conviction recorded by the learned Principal Assistant Sessions Judge, Eluru for the offence under Section 387 of IPC.

2. The present petitioner is the unsuccessful accused in Sessions Case No.167 of 2003, on the file of Principal Assistant Sessions Judge, Eluru and unsuccessful appellant as above in Criminal Appeal No.60 of 2006, on the file of Additional Sessions Judge.3. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of convenience.

4. The Sessions Case No.167 of 2003 arose out of a committal order in P.R.C.No.46 of 2002, on the file of II Additional Judicial Magistrate of First Class, Eluru.

5. The brief facts of the case of the prosecution according to the charge sheet filed by the Sub-Inspector of Police, Eluru I Town L&O Police Station in Crime No.15 of 2002 of Eluru I Town L&O Police Station is that the accused is resident of Kasipadu Village of Ganapavaram Mandal. In the year, 1995 he involved in a criminal case vide Crime No.93 of 1995 under Sections 452, 307 r/w 34 of IPC of Ganapavaram Police Station. The learned Assistant Sessions Judge, Tadepalligudem, convicted the accused for a period of one year in Sessions Case No.117 of 1996 on 12.03.1998. On the advice of his counsel at Tadepalligudem, accused approached L.W.2-Kanala Ramakrishna Rao, Advocate of Eluru, so as to prefer appeal in the Sessions Court at Eluru. So, in that process, the accused used to visit the house of L.W.2 bearing Door No.7A-8-53 frequently. In the house of L.W.2, ground floor was occupied by Sri Vasavi Silk House and staircase on its northern side portion was occupied by L.W.1-Kanala Rajya Lakshmi, wife of L.W.2 and southern side portion was occupied by L.W.3-Kanala China Maddeswara Rao and L.W.4-Kanala Ranganayakamma, who are the brother-in-law and co-daughter inlaw of L.W.1. Since last three years during the appeal the accused used to visit the house of L.W.1 and L.W.2 for about 15 to 20 times. Finally, the Criminal Case in which the accused involved and convicted was ended with an acquittal by the appellate Court as the appellate Court allowed the Criminal Appeal three months prior to the incident. The accused was advised by L.W.2 that he would get the judgment papers from his house. Accordingly, the accused visited Eluru on 18.02.2002 and came to the house of L.W.2 at about 1-30 p.m., knowing well that by then L.W.2 was not available in the house. He pressed the calling bell from the ground floor. Then L.W.1 came down and informed that L.W.2 was not available. Accused requested her to give some water for drinking.

Then she opened the gate and went to staircase for fetching water to the accused. Then the accused approached behind her and suddenly threatened and demanded her where she kept money and gold jewellery. She felt afraid of the accused and she raised alarm. Then the accused pounced upon her, pressed her neck preventing her from raising cries and caused scratches over the neck and attempted to kill her so as to commit theft of gold nanutradu and black beads chain from the neck of L.W.1. During course of struggle, she fell on ground. The black beads chain was delinked and the bangles of L.W.1 were also broken and scattered in the hall. On hearing the cries of L.W.1, L.W.3-Kanala China Maddeswara Rao and L.W.4-Kanala Ranganayakamma, who were residing in the southern side portion, came there and witnessed the incident. Then they raised hue and cry and on hearing the cries from the house of L.W.1,