THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.383 OF 2004 ORDER: The petitioner herein was tried in Sessions Case No.449 of 2001 on the file of the Assistant Sessions Judge, Asifabad, for the offences punishable under Sections 376 and 506(ii) IPC. During the course of trial, P.Ws.1 to 5 were examined and Exs.P-1 to P-7 were marked. On behalf of the defence, none was examined nor any documents were marked. The learned Judge having analysed the entire evidence on record, found the petitioner herein guilty of the offences punishable under Sections 376 and 506(ii) IPC and accordingly, sentenced him to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for six months, for the offence punishable under Section 376 IPC and further, he was sentenced to suffer rigorous imprisonment for a period of one year for the offence punishable under Section 506(ii) IPC and directed that both the sentences shall run concurrently. The same was questioned by the petitioner herein by filing Criminal Appeal No.81 of 2002 before the III Additional Sessions Judge (Fast Track Court), Asifabad, who by his judgment, dated 09.09.2003, confirmed the said judgment of the trial Court. Hence, the petitioner approached this Court and filed the present Revision. The case of the prosecution in brief is as follows: - The victim-P.W-2 is daughter of P.Ws.1 and 3. The appellant was living as a tenant in one of the rooms of their house. About three months prior to 10.05.2001, i.e., the date of lodging the complaint, the accused by threatening the victim with a knife had intercourse with her by force. Two weeks thereafter also, he committed similar act by putting her to fear at the point of knife and also threatened her that he would kill her parents if she reveals about the incident. Later, in the first week of May, 2001, P.W-3-mother of the victim noticed that the menstrual period of P.W-2 was stopped and thereafter, on medical examination, it was disclosed that she was pregnant. On being questioned, P.W-2 disclosed about the acts of the accused. Later, P.W-1 filed a complaint with Devapur Police Station and the Police after completing the investigation, filed the charge sheet against the accused. When this matter is taken up for hearing, learned counsel for the petitioner submitted that the petitioner was taken into custody by the Police and was sent to Central prison, Cherlapalli, Ranga Reddy District. From the prison, the petitioner addressed a letter to the Legal Services Committee requesting to file an appeal on his behalf questioning the said judgment of the lower appellate Court. Pursuant thereto, the present Criminal Revision Case has been filed and this Court though admitted the case, did not grant bail to the petitioner. The sentence imposed on the petitioner by the trial Court, as was confirmed in appeal by the lower appellate Court, is seven years of rigorous imprisonment. The judgment of the lower appellate Court was on 09.09.2003. The said letter addressed by the petitioner from the prison is dated 11.12.2003. From the same, it is clear that the petitioner has been in jail since 11.12.2003 till date. Hence, the petitioner should have served the sentence of rigorous imprisonment of seven years imposed on him by both the Courts below and released. In case, he is not released, he shall be released forthwith. Accordingly, the Criminal Revision Case is disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 16th December 2010 dr