IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1397 OF 2004 Date:20-07-2011 Between: Kalava Ganga Raju @ Chanti ... Petitioner And The State of A.P., rep., by Public Prosecutor., High Court of A.P., Hyderbad. ... Respondent HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1397 OF 2004 JUDGMENT: This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C., against judgment, dated 19-05-2004, in Criminal Appeal No.69 of 2000 passed by the Sessions Judge, Visakhapatnam, confirming conviction and sentence imposed by the Assistant Sessions Judge, Narsipatnam, against the petitioner – accused (for short ‘the accused’) in S.C. No.60 of 2003 for the offence punishable under Section 376 IPC. 2. The case of the prosecution, in brief, is as follows: On the intervening night of 8/9-07-1999, when Satyaveni the victim and one Nookalamma were sleeping in a hut, the accused, namely, Kalava Ganga Raju @ Chanti approached the victim and committed rape on her and threatened her with dire consequences and when she raised cries, Nookalamma woke-up and found the accused and on seeing her, the accused went away from the scene of offence. Thereafter, the victim narrated the same to Nookalamma. On the next day, when the mother of the victim, namely, Varalakshmi, came and the victim informed her about the incident and she went to the police station, Nathavaram and lodged a complainant against the accused. Basing on the report, the police registered the case in Crime No.52 of 1997 against the accused under Sections 376 and 506 IPC on their file. 3. Charges under Sections 376 and 506 IPC were framed against the accused and read over and explained to him, and he pleaded not guilty and claimed to be tried. 4. To substantiate its case, the prosecution examined P.Ws.1 to 12 and got marked Exs.P-1 to P-9, besides marking MOs.1 to 5. After the closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C., explaining the incriminating circumstances appearing against him in the evidence of prosecution witnesses. He then denied the same. No oral evidence was adduced, but Exs.D-1 and D-4 were marked on his behalf. 5. The trial Court, after considering the oral and documentary evidence, found the accused guilty of committing the offences punishable under Sections 376 and 506 IPC and accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.500/- and in default of paying the fine, to undergo simple imprisonment for a period of three (3) months for the charge under Section 376 IPC and to suffer simple imprisonment for a period of six months for the charge under section 506 (1) IPC, whereas aggrieved by the same the accused preferred Criminal Appeal No.69 of 2003 whereby the learned Sessions Judge, Mahila Court, Visakhapatnam, on the consideration of the material available on record, confirmed the conviction and sentence imposed by the trial Court. 6. It is contended by the learned counsel for the petitioner – accused, and the learned Additional Public Prosecutor that the accused has undergone the imprisonment imposed against him and further the learned counsel for the petitioner has represented that accordingly, the revision may be disposed of. 7. Taking the submissions made, this Criminal Revision Case is dismissed with a direction to set the accused free, subject to undergoing the sentence imposed against him. ________________________ G.KRISHNA MOHAN REDDY, J July 20, 2011. KTL