Back
A. V. RAVINDRA BABU
Gurram Venkat Nageswara Rao @ Pandu – Appellant
Versus
State of A. P. , Rep. by PP. – Respondent
JUDGMENT (COMMON)
The Criminal Appeal No.277 of 2010 is filed by the unsuccessful A.2 challenging the judgment, dated 05.02.2010 in Sessions Case No.162 of 2009, on the file of Additional Assistant Sessions Judge, Eluru (“Assistant Sessions Judge” for short), whereunder the learned Assistant Sessions Judge, found the appellant guilty of the charges under Sections 366-A and 417 of the Indian Penal Code (“I.P.C.” for short) and proviso (ii) Sub Section (1) of Section 5 of Immoral Traffic (Prevention) Act, 1956 (“I.T.P. Act” for short), convicted him under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to undergo rigorous imprisonment for seven years for the charge under Section 366-A of IPC, to undergo rigorous imprisonment for six months for the charge under Section 417 of IPC and to undergo rigorous imprisonment for ten years for the charge under the proviso (ii) Sub-Section (1) of Section 5 of I.T.P. Act and that the sentences shall run concurrently.
2. The Criminal Appeal No.284 of 2010 is filed by the unsuccessful A.1 challenging the judgment, dated 05.02.2010 in Sessions Case No.162 of
Section 366-A of IPC is aggravated form of kidnapping – Offence of kidnapping punishable under Section 363 of IPC is a minor offence when compared to Section 366-A of IPC.
The appellate court upheld the victim's minority and the accused's guilt for kidnapping and sexual assault, emphasizing the presumption of innocence and the need for compelling reasons to overturn ac....
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
The main legal point established in the judgment is that while the evidence supported the conviction for kidnapping, it was insufficient to establish the allegations of rape and sexual assault due to....
Victim of rape being minor, her consent has no significance.
An offence under Section 366 IPC, it is necessary for the prosecution to prove that the accused induced the complainant woman or compelled by force to go from any place, that such inducement was by d....
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
(1) A minor girl’s infatuation with her alleged kidnapper cannot by itself be allowed as a defence, for same would amount to surreptitiously undermining protective essence of offence of kidnapping.(2....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
