IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
V.SRINIVAS, J
Darsi Venkata Rao, S/o. Advaiah – Appellant
Versus
State of Andhra Pradesh, Rep. by Public Prosecutor – Respondent
JUDGMENT :
V.Srinivas, J.
Assailing the judgment dated 29.07.2009 in Crl.A.No.23 of 2008 on the file of the Court of learned IV Additional Sessions Judge at Ongole, confirming the conviction and sentence imposed against the accused by the judgment dated 13.03.2008 in S.C.No.237 of 2007 on the file of the Court of learned Principal Assistant Sessions Judge at Ongole, for the offence under Section 354 of Indian Penal Code (hereinafter referred to as “ IPC ”), the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973 .
2. The revision case was admitted on 04.08.2009 and the sentence imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.1772 of 2009.
3. The shorn of necessary facts are that:
i). P.W.1, who is the victim minor girl, is the daughter of P.W.3, who is residing at Hyderabad by doing coolie works, and residing in the house of her material aunt P.W.2. On 18.04.2007, when P.W.2 sent the victim to purchase the eggs, the accused came to her and asked her to board his cycle with an evil intention. On believing him, she boarded the cycle to proceed to the village. On the way, when they reached An
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The conviction under Section 354 IPC was upheld based on the credible testimony of the victim, while the sentence was reduced from five to three years due to mitigating circumstances.
Substantive sentence can be reduced if incident is old one.
The court upheld conviction under Section 354 IPC despite no specific charge, applying Section 222 Cr.P.C., given the proven facts of the case.
A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from....
The court established that a victim's testimony must be consistent and corroborated to sustain a conviction for charges of outraging modesty.
The court established that inconsistencies and lack of corroborative evidence can lead to the acquittal of an accused in cases of alleged sexual offenses.
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
The evidentiary value of child witnesses in rape cases can establish conviction if their testimony is credible; penalties must reflect the gravity of crimes against minors.
The court upheld the conviction under IPC Sections 354 and 448 while allowing probation, affirming that delay in FIR lodging was adequately explained and enmity did not undermine credible testimony.
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