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ANDHRA PRADESH HIGH COURT
Sri S. R. Sanku, J
Syed Ghouse alias Babu v. State of A.P.
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| 1. appeal filed against conviction of sexual assault. (Para 1 , 2 , 3 , 4) |
| 2. accused claims innocence; trial court's reading of evidence challenged. (Para 5 , 6) |
| 3. court analyzes evidence and determines absence of penetration yet intent exists. (Para 7 , 8 , 23) |
| 4. court examines sentencing under ipc attempt provisions. (Para 25 , 26 , 32) |
1. Heard Sri S. R. Sanku, learned counsel appearing for the appellant - accused as well as the learned Public Prosecutor, appearing for the respondent - State.
2. Appellant is the sole accused in the Sessions Case.
3. This Criminal Appeal, by the accused, under S.374 (2) of the Code of Criminal Procedure , 1973, is directed against the judgment, dated 15-09-2005, in Sessions Case No. 326 of 2004, passed by the III Additional District and Sessions Judge (Fast Track Court), Nizamabad, convicting the accused for the offence punishable under S.376(2)(f) of the Indian Penal Code (for brevity "IPC) and sentencing him to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for six months.
4. The brief facts that are necessary for disposal of the appeal, as per the case of the prosecution, are
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