HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.828 OF 2005 Dated 16-12-2010 Between: Pragada Yesubabu @ Bambu and another. …Petitioners. And: The State of A.P. represented by its Public prosecutor, High Court of A.P., Hyderabad. …Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.828 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of Cr.P.C is filed by the petitioners-accused against the judgment, dated 1-6-2005, rendered in Criminal Appeal No.42 of 2003 by the V Addl. Sessions Judge, West Godavari Division, at Eluru wherein the learned Sessions Judge, Eluru confirmed the conviction and sentence imposed by the learned Additional Assistant Sessions Judge, Kovvur against A.1 for the offence punishable under Section 376 I.P.C., and further confirmed the conviction and sentence imposed by the Additional Assistant Sessions Judge, Kovvur against A.1 for the offence punishable under Section 417 I.P.C. and also the sentence to undergo R.I. for a period of one year and to pay a fine of Rs.500/-, in default S.I. for a period of one month for the said offence. The learned Sessions Judge found A.2 not guilty for the charge under Section 417 I.P.C. and acquitted A.2 for the said charge and ordered to refund to her the fine amount, if any paid, for this charge after the appeal time was over. Further, the learned Sessions Judge found A.1 and A.2 guilty for the charge under Sec.312 IPC and convicted and sentenced A.1 to undergo R.I. for a period of one year and to pay a fine of Rs.1,000/-, in default S.I. for one month for the said charge and also convicted and sentenced A.2 to undergo R.I. for a period of one year and to pay a fine of Rs.1,000/-; in default S.I. for one month for the charge under Section 312 I.P.C. Learned counsel for the petitioners submits that in the appellate Court, compromise petition was filed by the appellants therein and the petitioners herein and also the victim lady but the learned Sessions Judge refused to accept the compromise on the ground that the victim girl was not properly identified in the Court. Today also, the victim lady appeared before the Court and informed this Court that she has already married another person and leading a matrimonial life and further stated that she does not want to proceed against the petitioners herein. It is seen from the evidence that she is consenting party to the occurrence. The only question on which the petitioners were convicted is on the basis of the age of the victim lady. On a perusal of the entire record, there is no substantial evidence clinching to establish the age of the victim girl. Further, the prosecutrix does not want to proceed and she wants to lead matrimonial life as she started newly wedded life. Considering the same, even the offence is non-compoundable in nature and also in view of the fact that the age of the victim is not properly proved by the prosecution, hence, the conviction and sentence imposed on the petitioners is hereby set aside. The petitioners are acquitted of the charges leveled against them. In view of the said order, conviction to the 2nd petitioner herein is also set aside. With the above observation, this Criminal Revision Case is allowed. ______________________ Justice RAJA ELANGO Dated 16-12-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.828 OF 2005 Dated 16-12-2010