IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.230 OF 2010 Between: The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Appellant/Petitioner AND Kandati Sankaraiah ..... Accused/Respondent The Court made the following: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.230 OF 2010 JUDGMENT: The Criminal Appeal, under Section 378 (1) & (3) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is filed by the State against the judgment, dated 29.08.2008, in Sessions Case No.226 of 2006, on the file of the learned Assistant Sessions Judge, Gudur, whereunder and whereby, the accused was found not guilty of the offence punishable under Section 366 of the Indian Penal Code, 1860 (for short, “I.P.C.”), and accordingly acquitted him. 2. Brief facts, that are necessary for disposal of the present Criminal Appeal, may be stated as follows: On the intervening night of 01/02.03.2005, the accused kidnapped P.W.2-victim girl, who was aged about 16 to 17 years at the time of the incident, from the house of P.W.1, who is the grand mother of P.w.2, without her knowledge and went to Tirumala and he tied tali in the neck of P.W.2 and had sexual intercourse with P.W.2 with her consent and will. Basing on the report given by P.W.1, the police registered a case. The police arrested the accused on 14.03.2006 and sent him to Court for judicial custody. P.W.2 was forwarded to the learned Judicial Magistrate of First Class, Venkatagiri, who sent her for age determination and after determining the age, she was sent for medical examination. After completion of investigation, the charge sheet was filed. 3. When a charge under Section 366 I.P.C. was framed, read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried. 4. To substantiate the charge levelled against the accused, the prosecution examined P.Ws.1 to 4 and got marked Exs.P1 to P8. 5. After closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. with reference to the incriminating circumstances appearing against him in the evidence of prosecution witnesses. He denied the same. On behalf of the accused, no evidence either oral or documentary was adduced. 6. Heard the counsel representing the learned Public Prosecutor and perused the judgment. 7. Now the point for determination is whether the prosecution proved its case beyond all reasonable doubt against the accused of the offence punishable under Section 366 I.P.C. and whether the judgment of the trial Court is correct, legal and proper? 8. P.W.2-victim girl did not support the case of the prosecution. Therefore, the prosecution seeks permission of the Court to declare P.W.2 hostile. Even after cross-examination by the prosecution, nothing has been elicited from the evidence of P.W.2 that she was kidnapped by the accused. Similarly P.W.1, the grand mother of P.W.2, did not support the case of prosecution. P.W.1 denied having given any report to the police that the accused kidnapped her grand daughter. P.W.3 who is the sister of P.W.2 also did not support the case of the prosecution. Except the evidence of P.W.4-Investigating Officer, with regard to the arrest of the accused and sending P.W.2 to the medical examination, there is no other evidence to show that P.W.2 was kidnapped and subjected to rape by the accused. In the absence of any legal evidence, the trial Court rightly acquitted the accused. The said order of acquittal does not suffer from any infirmities so as to call for interference by this Court. Hence, the Criminal Appeal is devoid of merit and is liable to be dismissed. 9. Accordingly, the Criminal Appeal is dismissed at the stage of admission confirming the judgment, dated 29.08.2008, in Sessions Case No.226 of 2006, on the file of the learned Assistant Sessions Judge, Gudur. _______________ (K.C. BHANU, J) Date: 22nd January, 2010 KL