COMMON ORDER:

Aggrieved by the conviction and sentence passed by the learned III Additional District & Sessions Judge (Fast Track Court), Nellore, in Crl.A.No.63 of 2006, dated 14.02.2008, the petitioner filed these two criminal revision cases.

Initially, the petitioner filed Crl.R.C.No.707 of 2008. Subsequently, he filed Crl.R.C.No.898 of 2008 through a Legal Aid Counsel. Since, Sri P.S.P.Suresh Kumar, learned counsel intends to argue Crl.R.C.No.898 of 2008, no orders are required to be passed in Crl.R.C.No.707 of 2008. Hence, this court is inclined to pass a common order in both the revision cases.

Heard P.S.P.Suresh Kumar, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor.

2. Case of the prosecution in nutshell :

Accused are residents of Podalakur Road, Nellore. P.W.1, the victim is a resident of Lakeview Colony, Podalakur Road, Nellore, and she was working as Computer Data Operator in DSR Government Headquarters Hospital, Nellore, and her husband is also working as M.N.O. Everyday, she used to attend her duty from 10.00 am., to 2.00 pm., On 25.01.2005 at about 2.00 pm., while P.W.1 was proceeding to her house from the hospital, through a short cut pathway, when she reached near Western Compound wall of the hospital, Accused No.1 came from behind, caught hold her and threatened her with dire consequences to fulfil his desire. Accused No.1 tried to commit rape on her. In the meanwhile, Accused Nos.2 to 5 also came there and encouraged Accused No.1 to do quickly stating that they have to fulfil their desire. In their conversation, P.W.1 came to know the names of all the accused. Later, on the arrival of some women folk, all the accused left that place threatening P.W.1 with dire consequences.

(ii) Immediately, P.W.1 went to the house of P.W.2 and revealed the incident to her. Thereafter, P.W.2 and her son took P.W.1 to DSR Government Headquarters hospital, Nellore for treatment. Having received information, P.W.5-Assistant Sub-Inspector of Police, Nellore, went to the hospital and recorded statement of P.W.1 under Ex.P1. Basing on Ex.P1, a case in Cr.No.14 of 2005 was registered under Sections 376 r/w 511, 323 and 506 IPC. After receipt of wound certificate of P.W.1 and after completion of investigation, P.W.6 filed charge sheet. The case was taken on file as PRC.36 of 2005 on the file of II Additional Judicial Magistrate of First Class, Nellore. Subsequently, it was committed to the Court of Sessions and numbered as S.C.No.273 of 2005 on the file of the Court of I Additional Assistant Sessions Judge, Nellore.

3. In support of its case, prosecution examined P.Ws.1 to 6 and marked Exs.P1 to P4 apart from marking M.Os.1 to 4. After closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C., and they denied the incriminating evidence. No oral or documentary evidence adduced on behalf of the accused.

4. After considering the entire evidence on record, the learned Assistant Sessions Judge acquitted Accused Nos.2 to 5 and convicted Accused No.1 for the offence under Section 376 r/w 511 IPC and sentenced him to suffer Rigorous imprisonment for a period of five (05)

years and also to pay a fine of Rs.500/- in default, to suffer Rigorous imprisonment for a period of three (03) months. He is further sentenced to suffer Rigorous imprisonment for a period of one (01) year for the offence under Section 506 IPC. He was further sentenced to suffer Rigorous imprisonment for a period of six (06) months for the offence under Section 323 IPC. All the substantive sentences were directed to run concurrently.

5. Questioning the said conviction and sentence, Accused No.1 preferred Criminal Appeal No.63 of 2006 on the file of the Court of III Additional District & Sessions Judge, (FTC) Nellore. After considering the entire material on record, the learned Additional Sessions Judge, dismissed the appeal, vide Judgment dated 14.02.2008 confirming the conviction and senten