ORDER:

Assailing the judgment dated 04.04.2008 in Crl.A.No.56 of 2004 on the file of the court of the learned II Additional Sessions Judge, Kadapa at Proddatur, which confirms the conviction and sentence passed against the accused by the Assistant Sessions Judge, Proddatur, in S.C.No.172 of 2001 dated 21.06.2004 for the offence under Sections 355, 354 and 324 of Indian Penal Code (hereinafter referred to as “IPC”), the petitioner/accused filed the present criminal revision case.

2. The revision case was admitted on 28.05.2008 and the interim suspension of sentence of imprisonment imposed against the petitioner, was granted on the same day in Crl.R.C.M.P.No.1053 of 2008.

3. The shorn of necessary facts are that:

i) On 04.05.2001, at about 08.00 pm, PW-1 by name T.Dasthagiri and PW-2 by name T.Adilakshumma went to the house of A1 and A2 by names Chinna Venkatapathigalla Rama Subbaiah and Tholla Chinna Kesava, for distributing wedding cards of the younger sister of P.W.-1, with a view to invite A1 and A2 for marriage.

ii) At the time of inviting A1 revealed previous enmity and a verbal altercation was started between A1, A2 and PWs-1 and 2 and A1 and PW-1 caught hold the neck of each other and A1 beat PW1 with chappal, with an intention to dishonor PW1 in the public place.

iii) When PW2 intervened to rescue her husband PW1, then A-2 pushed her onto the ground, forcibly went upon her body, bite her left breast and caused injury. PWs-3 and 4 by names Pedda Mallamma and T.Venkatesu, witnessed the occurrence and rescued PWs1 and 2 from the clutches of A1 to A3.

iv) Then basing on the complaint of PW-1, police conducted due investigation and filed charge sheet and the same was numbered as S.C.No.172 of 2001, on the file of the Assistant Sessions Judge, Proddatur (herein after referred to as “the Trial Court”) and after full-fledged trial, the trial Court convicted the accused. A1 and A3 are sentenced to pay a fine of Rs.100/- each (Rupees One Hundred only) for the offence under Section 323 and 323 read with 34 I.P.C, in default of payment of fine, A1 and A3 shall undergo simple imprisonment for a period of 10 days and A2 was convicted under Section 354 I.P.C. for outraging the modesty of a woman and sentenced the A2 to undergo R.I. for a period of five (05) years and pay a fine of Rs.100/- (Rupees One Hundred Only), in default, A2 shall undergo simple imprisonment for a period of 10 days. The main rigorous imprisonment and simple imprisonment shall run concurrently.

v) Aggrieved by the same, the petitioner/accused No.2 preferred an appeal, vide Crl.A.No.56 of 2004, before the Court of learned II Additional Sessions Judge, Kadapa at Proddatur, (herein after referred to as “the Appellate Court”) and the same was dismissed, vide judgment dated 04.04.2008, by reducing the conviction and sentence passed by the trial Court from five (05) years to three (03) years, without touching the aspect of fine.

4. Against the said judgment of the Appellate Court, the present criminal revision case was preferred by the petitioner/accused No.2

5. Heard Sri Nagabhushanam Gudipati, learned legal aid counsel for the petitioner and Sri S.Dheera Kanishka, learned Special Assistant Public Prosecutor for the respondent-State.

6. Now the point that arises for determination in this revision is “whether there is any manifest error of law or flagrant miscarriage of justice in the findings recorded by the Trial Court as well first Appellate Court?”

7. Sri Nagabhushanam Gudipati, learned legal aid counsel for the petitioner submits that the Court below failed to see that the prosecution has not made out any prima facie case for the offence under Section 354 I.P.C. He further submits that the Court below erred to see that the petitioner had no intention to outrage the modesty of P.W.-2 during the altercation, the incident occurred, the evidence of PW1 to PW3 offence does not attract under Section

354 I.P.C. and hence, he prays this Court to allow this revision.

8. Against the s