O R D E R:

The challenge in this Criminal Revision Case is to the judgment, dated 18.02.2010 in Criminal Appeal No.21 of 2008, on the file of Sessions Judge, Vizianagaram (“Sessions Judge” for short), whereunder the learned Sessions Judge dismissed the Criminal Appeal confirming the judgment in Sessions Case No.156 of 2005, on the file of learned Assistant Sessions Judge, Vizianagaram (“Assistant Sessions Judge” for short). The present revision petitioner faced trial in Sessions Case No.156 of 2005 and he was convicted and sentenced for the offences under Sections 451 and 354 of the Indian Penal Code (“IPC” for short) and he was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for six months for the offence under Section 354 of IPC and further he was sentenced to suffer simple imprisonment for six months and to pay fine of Rs.1,000/- for the offence under Section 451 of IPC and that both the sentences shall run concurrently. Felt aggrieved of the aforesaid conviction and sentence, the unsuccessful accused filed Criminal Appeal No.21 of 2008 as above, which came to be dismissed on merits.

2) The parties to this Criminal Revision Case will hereinafter be referred to as described before the learned Assistant Sessions Judge for the sake of convenience.

3) The Sessions Case No.156 of 2005 arose out of a committal order in P.R.C.No.2 of 2005, on the file of learned Judicial Magistrate of First Class, Kothavalasa, pertaining to Crime No.26 of 2005 of Vallampudi Police Station.

4) The case of the prosecution, in brief, according to the charge sheet is that the accused is resident of Bartavanipalem Village, Vepada Mandal. On 20.06.2005, L.W.1-Gorrupotu Devi along with her son, Krishna, after taking dinner during night slept on the up stair of her building. At about 12-00 hours i.e., midnight, the accused came to her from his building and closed her mouth with one hand and tried to remove her clothes with another hand in the absence of her husband for participating in sexual intercourse. On sudden incident, L.W.1 woke up from sleeping and pushed him with her hands and identified him in the moonlight and raised cries for help. On hearing the cries of victim, L.W.2-Gorrupotu Demudamma, L.W.3-Gorrupatu Narayana, L.W.4- Potala Mutyamamma, L.W.5-Potala Naidu and L.W.6-Potala Demudu rushed there. At that time the accused got down from the steps and jumped on the compound wall and ran away. They also identified him in the moonlight and also in the streetlight. Later, the husband of victim brought her to police station and presented a report. L.W.10-G.Narayana Rao, Assistant Sub-Inspector, registered a case in Crime No.26 of 2005 under Section 354 of IPC and investigated into. During the course of investigation, he examined L.W.1 to L.W.6 and L.W.7-Gorrupothu Satyanarayna and recorded their statements. He prepared rough sketch of the scene of offence and prepared observation report in the presence of L.W.8-Torli Simhachalam and L.W.9-Potala Venkata Ramana, as mediators. He arrested the accused on 30.06.2005 and sent him for remand. L.W.11-R. Kumaraswamy, Sub-Inspector of Police, verified the investigation done by L.W.10 and after completion of investigation, he filed charge sheet. Hence, the charge sheet.

5) The learned Judicial Magistrate of First Class, Kothavalasa, took cognizance under Section 354 of IPC and numbered it as P.R.C.No.2 of 2005 and after complying formalities under Section 207 of the Code of Criminal Procedure (“Cr.P.C.” for short), committed the case to the Court of Sessions under Section 209 of Cr.P.C. The Court of Sessions numbered it, as Sessions Case and made over to the learned Assistant Sessions Judge, Vizianagaram, for disposal, in accordance with law.

6) On appearance of the accused before the learned Assistant Sessions Judge, a charge under Section 354 of IPC was framed and explained to him in Telugu for which he pleaded not guilty and clai