ORDER:

The petitioner/accused filed the present criminal revision case, assailing the judgment dated 06.03.2009 in Crl.A.No.118 of 2007 passed by the learned Special Sessions Judge-cum-X Additional District and Sessions Judge, Krishna, wherein the learned Judge dismissed the appeal by confirming the judgment dated 20.09.2007 in S.C.No.246 of 2006 passed by the learned Assistant Sessions Judge, Machilipatnam, for the offences punishable under Sections 448 and 506 IPC and modified the sentence of rigorous imprisonment for the offence punishable under Section 354 IPC from five years to three years.

2. The shorn of prosecution case is as follows:

i) The petitioner/accused used to follow the victim by name Yalla Philomina (PW.1) when she attends to church and market and behave indecently. Previously, a case in Crime No.34 of 2004 under Sections 448, 341, 509 and 506 IPC was also registered for the incident that had taken place on 11.02.2004 when he entered into her house, abused her in vulgar language and insulted her modesty and the said case was posted to 01.10.2004 for trial. Meanwhile, on 22.09.2004 at about 1.00 p.m., when the victim was proceeding to her relatives house to attend function, the accused caught hold her tuft, pulled and caught hold her hand and abused stating that she was moving to function by filing a case against him and abused her as lanja and also threatened her that he would see her end and her parents, if deposed evidence in the court and the same was informed to Additional Public Prosecutor for consultation. On noticing the same, the accused was waiting for an opportunity to take revenge against the victim.

ii) On 25.09.2004 at 12.00 p.m. when her parents went to attend ceremonial function of their relatives at Englishpalem, the accused trespassed to the house of victim in a drunken state, embraced her by using criminal force and outraged her modesty. When she raised cries loudly, the accused threatened that he would pour acid on her and behaved indecently and outraged her modesty. On hearing cries of victim, one Dasari Prema Bai (PW.4) rushed to the house of victim and witnessed the incident and accused went by threatening that she escaped that day but later he would see her end.

iii) Later she received a phone call at 4.00 p.m. from the accused threatening to kill her if the incident informed to her parents or to anybody. Basing on the report of the victim, a case in Crime No.194 of 2004 was registered in Chilakalapudi Police Station and investigated into. After completion of investigation, a charge sheet was laid.

3. During the course of trial, the prosecution examined PW.1 to PW.5 and marked Ex.P1 to Ex.P3. On behalf of the accused, DW.1 to DW.3 were examined and Exs.D1 and D2 were marked. On X-Series, five photos were marked as Ex.X1.

4. The trial Court convicted the accused for the offence under section 354, 448 and 506 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of five years for the offence under Section 354 I.P.C and to pay a fine of Rs.500/-, in default, simple imprisonment for a period of three months. He further sentenced to undergo rigorous imprisonment for the offence under Section 448 I.P.C for a period of six months for the offence under Section 354 I.P.C. He also sentenced to undergo rigorous imprisonment for the offence under Section 506 I.P.C for a period of six months.

5. Aggrieved by the said judgment, the revision petitioner/accused preferred an appeal before the appellate Court, but the same was dismissed by confirming the judgment of the trial Court for the offences punishable under Sections 448 and 506 IPC but modified the sentence of rigorous imprisonment for the offence punishable under Section 354 IPC from five years to three years.

6. Being aggrieved, the present revision has been filed by the petitioner/accused.

7. Heard Sri Challa Dhananjaya, learned Senior Counsel representing Sri Venkat Challa, learned counsel for the petitioner and Sri Dheera Kanishk, le