THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL APPEAL NO. 1392 OF 2014 JUDGMENT: (Per Hon’ble Sri Justice N. Tukaramji)

This appeal is filed by the sole accused/convict/appellant (hereinafter, ‘the accused’) challenging the judgment of conviction and sentence dated 09.06.2014 in S.C.No.688 of 2013 passed by the V Additional Metropolitan Sessions Judge (Mahila Court), Hyderabad.

2. In the impugned judgment, the accused was convicted for the offences under Sections 376 and 324 of the Indian Penal Code, 1860 (for short, the ‘IPC’) and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.1,000/- in default simple imprisonment for one year for the offence under Section 376 IPC, and rigorous imprisonment for two years and pay a fine of Rs.500/- in default simple imprisonment for six months for the offence under Section 324 IPC.

3. We have heard Mrs. T. Bala Jayasree, learned Legal Aid Counsel for the appellant, and Mr. Syed Yasin Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. The prosecution case, in brief, is that on 17.04.2012 in the evening at about 5:45 p.m., when the victim girl/PW-2 went to a sho