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2024 Supreme(AP) 1373

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SURESH REDDY, B.V.L.N. CHAKRAVARTHI, JJ.
Bada Padmasri @ Padma & Others – Appellants
Versus
The State Of AP Rep By Its Pp Hyd – Respondent
Criminal Appeal No.529 Of 2013, Criminal Appeal No. 569 Of 2013
Decided On : 28-03-2024

Advocates Appeared:
For the Appellants : Sri S.Sardar Saheb Akil, Smt. A. Gayathri Reddy, Sri C. Sharan Reddy.
For the Respondent: Public Prosecutor (AP)

The prosecution must prove the guilt of the accused beyond reasonable doubt in cases of trafficking and sexual assault, especially when serious allegations are involved.

Headnote:(A) Indian Penal Code, 1860 - Sections 372, 366-A, 343 - Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5, 6, 7(1)(A) - Conviction of accused for offences related to trafficking and sexual assault - The trial court convicted A-1, A-5, A-7, and A-9 based on testimonies of victim girls, but the appellate court found contradictions and lack of credible evidence to support the prosecution's case - The prosecution failed to establish the guilt of the accused beyond reasonable doubt. (Paras 38, 40, 41)

(B) Burden of Proof - The prosecution must prove the guilt of the accused beyond reasonable doubt, especially in cases involving serious allegations such as trafficking and sexual assault. (Paras 13, 38)

Facts of the case:
The case involved the abduction and alleged trafficking of two minor girls by the accused, with the prosecution claiming that the accused managed a brothel and induced the girls into prostitution. The trial court convicted several accused based on the testimonies of the victims, but the appellate court found inconsistencies in their statements.

Findings of Court:
The appellate court concluded that the prosecution failed to prove the guilt of the accused due to contradictions in the testimonies and lack of corroborative evidence.

Issues: The main issue was whether the prosecution proved the guilt of A-1, A-5, A-7, and A-9 beyond reasonable doubt.

Ratio Decidendi: The court emphasized that the prosecution must establish the guilt of the accused beyond reasonable doubt, particularly in serious cases involving trafficking and sexual offences.

Result: Appeals allowed; convictions set aside and accused acquitted.

JUDGMENT :

(B.V.L.N. Chakravarthi, J.)

1. Heard Sri Sayed Sardar Saheb Akil, learned counsel for the appellant/A-1, Smt.A.Gayathri Reddy, learned counsel for the appellant/A-5 in Crl.A.No.529/2013, and Sri C.Sharan Reddy, learned counsel for appellants/A-7 and A-9 in Crl.A.No.569/2013 and Sri S.Dushyanth Reddy, learned Addl. Public Prosecutor for respondent/State.

2. The appeal vide CRL.A.No.529/2013 is filed for A-1, A-2, A-3 and A-5. The appeal vide CRL.A.No.569/2013 is filed for A-7 and A-9. Both the appeals arose from the judgment dated 26.06.2013passed in S.C.No.420/2010 on the file of the learned I Addl.District & Sessions Judge, Guntur (hereinafter referred to as ‘trial Court’).

3. The appellants/A-2 and A-3 died pending appeal. Therefore, case against A-2 and A-3 abated as per order of this Court.

4. The accused No.1 was tried and convicted by the trial Court for the offence U/s.372, 366-A, 343 of Indian Penal Code, 1860 (for brevity ‘I.P.C.’). A-1 was also tried and convicted for the offence U/s.3, 4, 5, 6 and7 (1) (A) of Immoral Traffic (Prevention) Act, 1956 (for brevity IT(P) Act,1956) and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.25,000/- (Rupees Twenty Five Thousand only), in default, to suffer simple imprisonment for six months for the offence U/s.372 IPC; suffer rigorous imprisonment for 10 years and to pay fine of Rs.25,000/- (Rupees Twenty Five Thousand only), in default, to suffer simple imprisonment for six months for the offence U/s.366-A IPC; to suffer rigorous imprisonment for two years and to pay fine of Rs.5,000/- (Rupees Five Thousand only), in default, to suffer simple imprisonment for two months for the offence U/s.343 IPC; to suffer rigorous imprisonment for one year and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.3 of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.4 of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for 14 years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.5 (1) (a to d) proviso (ii) of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.6 of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/- (Rupees Ten Thousand only), in default, to suffer simple imprisonment for three months for the offence U/s.7(1)(A) of Immoral Traffic (Prevention) Act, 1956.

(a) A-5 was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.3 of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.4 of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for 14 years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for one month for the offence U/s.5 (1) (a to d); proviso (ii) Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000/- (Rupees Two Thousand only), in default, to suffer simple imprisonment for onemonth for the offence U/s.6 of Immoral Traffic (Prevention) Act, 1956; to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/- (Rupees Ten Thousand only), in default, to suffer simple imprisonment for three months for the

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