THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.864 of 2004 O R D E R: This Criminal Revision Case is filed aggrieved by the judgment dated 06.05.2004 passed in Criminal Appeal No.468 of 2003 by the learned I Additional District Judge, Guntur, confirming the conviction and sentence recorded against the petitioner/accused for the offence punishable under Section 376 IPC in the order dated 19.12.2003 in S.C.No.87 of 2003 by the learned Principal Assistant Sessions Judge, Tenali. Heard the learned counsel for the petitioner. The learned counsel for the petitioner submitted before this Court that the defacto-complainant who is the aggrieved party married the petitioner/A-1 herein and now they have two children. Further the defacto-complainant is not interested in prosecuting the matter in view of the marriage between her and the petitioner/A-1. Even though, this offence is not compoundable, since the petitioner/A-1 and the defacto-complainant who is the aggrieved party are living together as husband and wife, this Court inclined to pass orders in favour of the petitioner/A-1 herein. The learned Public Prosecutor also identified the defacto-complainant and the ration card produced by her. After verification of the same, the learned Additional Public Prosecutor stated that he has no objection for disposal of the matter. In view of the same, the conviction and sentence imposed on the petitioner/accused by the trial Court as confirmed by the appellate Court by the impugned judgments, are hereby set aside and the petitioner/A-1 is acquitted for the charges levelled against him. In the result, the Criminal Revision Case is allowed. __________________ RAJA ELANGO, J 28th June, 2010. PNV