THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1007 of 2005 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure by the petitioner-appellant against the judgment, dated 08.06.2005, rendered in Criminal Appeal No.65 of 2000 by the I Additional Sessions Judge, Mahabubnagar. Initially, the petitioner was convicted by the trial Court under section 235(2) of the Code of Criminal Procedure for the offence under Section 376 IPC and sentenced to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.25000/-, in default, to suffer RI for three years. Assailing the said Judgment, the petitioner preferred appeal. In the appeal, the appellate court, while dismissing the appeal confirmed the conviction and sentence imposed by the trial court for the offence under Section 376 IPC. Heard. The case of the prosecution is that the accused, who is Pujari in a temple at Thatipamulu village, raped his daughter (N. Vijayalakshmi) in the absence of his wife. On 08.08.1998 when the wife of the accused went to her brother’s house at Pebbair to tie Rakhi, the accused raped his own daughter and on the next day, he took her to Ramalayam and made her to swear on God not to reveal the same to anybody. On 22.10.1998 when the wife of the accused again went to her brother’s house, the accused committed the same offence. On the same day, after arrival of her mother, the victim girl narrated the offence committed by the accused. Then, both of them went to their maternal uncle’s house and disclosed the said facts, accordingly, P.W.1, who is the maternal uncle of the victim girl gave complaint to the police, Pebbair Police Station, upon which a case was registered in Cr.No.79 of 1998 against the accused for the offence under Section 376 IPC. Prosecution in order to substantiate its case examined P.Ws.1 to 10 and marked Exs.P1 to P8 and M.Os.1 to 3. On behalf of the accused D.Ws.1 to 3 were examined and no exhibits were marked. The trial Court after appreciation of the evidence on record, came to the conclusion that the prosecution is able to establish the guilt of the accused and convicted the accused as stated above and in the appeal also, the appellate Court confirmed the same. On perusal of the entire records and after hearing the arguments of the counsel for the appellant, the only point that arises for disposal of the present revision is, ‘Whether the prosecution proved its case beyond all reasonable doubts for the offence punishable under Section 376 IPC’ ? It is seen from the records that the complaint is lodged by the brother-in-law of the accused herein and the allegation against the accused is that committed rape on his own daughter. Learned counsel for the petitioner-accused submitted that due to some enmity between wife and husband, the present complaint is lodged and after investigation, police filed a charge sheet, as if he committed the rape. Entire perusal of the record clearly indicates that the medical evidence is totally against the prosecution case and the evidence adduced by the witnesses. Further more the victim has also not stated anything in connection with the commission of rape except stating the word that ‘his father slept on her’ and further more even there is no evidence to show that there was penetration by the petitioner herein. In the absence of any such evidence, more particularly medical evidence, this Court is of the view that conviction against the petitioner-accused is liable to be set aside. Accordingly, the Criminal Revision Case is allowed and the conviction and sentence imposed against the petitioner by the trial Court and as confirmed by the appellate Court is hereby set aside and the petitioner-appellant-accused is acquitted of the said charge. ___________________ JUSTICE RAJA ELANGO Date:25.02.2011 Rns