THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.549 OF 2005 DATED 3rd DECEMBER, 2010. BETWEEN : V.Sridhar & another .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.549 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners-accused challenging the judgment, dated 28.03.2005, passed by the VII Additional District & Sessions Judge, Guntur, in Criminal Appeal No.480 of 2001. Initially, the petitioners-accused were prosecuted in S.C.No.537 of 2001 by the Assistant Sessions Judge, wherein the learned trial Judge convicted the accused for the offence punishable under Sections 452, 354 and 323 of Indian Penal Code (for short ‘IPC’) and sentenced them to undergo simple imprisonment for three months and to pay fine of Rs.300/- each for the offence punishable under section 452 IPC, to undergo simple imprisonment for two years and to pay fine of Rs.100/- each for the offence punishable under Section 354 IPC and to pay a fine of Rs.100/- for the offence punishable under Section 323 IPC. Aggrieved by the same, petitioners preferred an appeal. In appeal, the learned Sessions Judge confirmed the conviction and sentence imposed by the learned trial Judge and dismissed the appeal. Challenging the same, present revision is filed by the accused. Heard. The point for consideration before this Court is ‘whether the act of the accused would attract an offence under sections 354, 452 and 323 IPC?’ From the entire reading of the evidence and also the material placed before this Court, it is crystal clear that there is a dispute between the petitioners and de facto complainant. It is highly improbable to note that A.1 committed the crime of outraging the modesty of the complainant in the presence of his mother i.e. A.2 and the same is not only improbable but also unbelievable. Even the act of assaulting a lady cannot be considered to be an act punishable under section 354 IPC. As far as offence under Section 452 IPC is concerned, it is a clash between two neighbours wherein the accused entered into the house of the complainant and caused simple injuries. There is no intention on the part of the accused to enter into the house of the complainant, but during the scuffle between themselves over civil disputes, the accused entered into the house and assaulted her. In these circumstances, the conviction and sentence imposed on the accused for the offence punishable under sections 452 and 354 IPC is set aside. However, the conviction and sentence imposed by the trial Court and as confirmed by the appellate Court for the offence punishable under Section 323 IPC is hereby confirmed. Accordingly, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 03.12.2010 sur