THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1948 of 2004 ORDER: The petitioner herein was tried as accused by the learned Assistant Sessions Judge, Suryapet, in S.C.No.584 of 2001, and on analysis of the evidence adduced by the prosecution, the learned Sessions Judge, by his judgment dated 02.09.2003, found the accused guilty for the offence punishable under Section 417 of IPC and sentenced him to undergo Rigorous Imprisonment for a period of one year and also pay a fine of Rs.5,000/-, in default, he shall undergo Simple Imprisonment for a period of three months. Out of the fine amount of Rs.5,000/-, a sum of Rs.4,000/- is awarded to the victim girl in terms of Section 357 Cr.P.C. Against the said judgment, accused preferred appeal, being Criminal Appeal No.137 of 2003, before the II Additional Sessions Judge, Nalgonda at Suryapet, who after considering the matter in detail, by his judgment dated 19.11.2004, dismissed the appeal, confirming the conviction imposed by the trial Court. Aggrieved of the same, accused preferred the present Criminal Revision Case. The case of the prosecution, in brief, is as follows: The accused - Mandava Narsimha Swamy followed the de facto complainant – Mekapothula Anitha and made her to believe that he would marry her and had sexual intercourse with her at regular intervals. When the victim girl asked about her marriage, the accused demanded more dowry from her parents, as such, they settled her marriage with another person, but the accused got cancelled the alliance by writing something bad about her through a letter to the proposed alliance people. When the village elders asked him to marry her, the accused deceived her that there was no relationship with her. On the complaint lodged by the victim girl, a case in Crime No.4 of 2001 was registered against the accused for the offence punishable under Sections 419 and 509 IPC and later the police sent the victim girl to Osmania General Hospital, Hyderabad, for age determination. On getting the medical opinion that the age of the victim was about fifteen years, the police had altered the Section of Law to Sections 417, 493, 376 and 509 of IPC. After completion of investigation, charge sheet was laid before the concerned Magistrate, who took the cognizance of the offences and committed the case to the Court of Session. The Assistant Sessions Judge, Suryapet, has numbered the same as S.C.No.584 of 2001 for the offences punishable under Sections 417, 493, 376 and 509 IPC. To substantiate its case, the prosecution examined PWs.1 to 6 and got marked Exs.P1 to P10. On behalf of defence, no witnesses were examined but got marked Exs.D1 to D5. On consideration of the entire oral and documentary evidence, the trial Court found the accused not guilty for the offences punishable under Sections 494, 376 and 509 IPC, however found guilty for the offence punishable under Section 417 IPC and, accordingly, by judgment dated 02.09.2003, convicted the accused and sentenced him as stated supra. On appeal, learned II Additional Sessions Judge, Nalgonda, Suryapet, confirmed the same. Hence, the present Criminal Revision Case. This Court, while admitting the revision, granted bail to the petitioner on 23.11.2004. The counsel for the petitioner submitted that both the parties are married and they are living happily with their respective spouses. In the light of the said submission, this Court is of the view that when the crime was registered against the petitioner, he was arrested and remanded to judicial custody, and similarly, when the appeal was dismissed by the appellate Court on 19.11.2004, the petitioner was taken to the custody again and bail was granted to him on 23.11.2004. In view of the facts and circumstances that both the parties are married and are living happily with their spouses and the victim who was examined as PW.1 is also not particular about her case, this Court is of the considered view that the sentence imposed against the petitioner can be reduced to that of the period already undergone by him. Accordingly, this Criminal Revision Case is dismissed, maintaining the conviction imposed on the petitioner, but reducing the sentence of imprisonment imposed on him to that of the period already undergone by him. Except the said modification, in all other aspects, the Criminal Revision Case is dismissed. ____________________________ GOPALA KRISHNA TADAMA, J Date:02.12.2010 KH