THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.542 of 2011 BETWEEEN: The State of A.P. … Appellant AND Punnireddi Ramu … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.542 of 2011 JUDGMENT: The Assistant Sessions Judge, Vizianagaram in Sessions Case No.127 of 2005 while convicting and sentencing the accused for the offence under Section 417 I.P.C., acquitted him of the offence under Section 376 I.P.C. It is alleged that the accused, who is a married person had no issues and therefore, he developed intimacy with the victim/PW4 promising to marry her and indulged in sexual intercourse with her, due to which she became pregnant and that subsequently, the accused refused to marry PW4. Even if the entire case of the prosecution is taken for granted for the sake of argument, there cannot be a conviction of the accused in this case for the offence under Section 376 I.P.C. This is not a case where the accused obtained consent of the victim for sexual intercourse on putting her under a misconception of fact. PW4 could not believe the accused if he had stated that he would marry her, because the accused is already a married man having a living wife with him. Since the alleged victim/PW4 participated in sexual intercourse with the accused voluntarily and with free will, it cannot be said that the prosecution was able to prove the offence of rape punishable under Section 376 I.P.C. against the accused. The lower Court is correct in acquitting the accused of the charge under Section 376 I.P.C. 2. Hence, the appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 15.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.542 of 2011 DATED: 15.04.2011 ysk