HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL APPEAL NO.532 OF 2010 DATE:14.06.2010 Between: The State of A.P., rep. by the PP, High Court of AP., Hyderabad. …….Petitioner And: Chinnam Ashok Kumar, Nellore District. ……Respondent HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL APPEAL NO.532 OF 2010 JUDGMENT: This appeal is filed by the State seeking enhancement of sentence relating to the offence under Section 417 IPC. The lower court after trial found that the appellant was not guilty of the offence under Section 376 IPC, but was guilty of the offence under Section 417 IPC; and invoked Section 3 of the Probation of Offenders Act, admonished the accused and applied Section 5 of the Probation of Offenders Act and directed the accused to pay fine of Rs.5,000/- which amount was ordered to be paid to the victim girl as compensation. After going through facts of the case and evidence on record, this Court is of the opinion that it is a case relating to both the accused and the alleged victim who were in their teens were attracted to each other due to their immaturity and had mutual sexual relationship with each other for some time. It is not a case where the victim was forcefully raped by A-1. Having regard to totality of the circumstances, the lower court rightly invoked Sections 3 and 5 of the Probation of Offenders Act and passed the impugned order. I see absolutely no illegality or impropriety or irregularity in the final order passed by the lower court. In the result, the appeal is dismissed. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:14.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL APPEAL NO.532 OF 2010 Date:14.06.2010 Gk.