THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1207 OF 2005 DATED 10th FEBRUARY, 2011. BETWEEN : S.Nagendra .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1207 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in S.C.No.606 of 2001 by the Principal Assistant Sessions Judge, Eluru, by judgment dated 20.12.2004 and as modified by the learned Sessions Judge, West Godavari Division at Eluru in Criminal Appeal No.229 of 2004 by judgment dated 12.06.2005 for an offence punishable under Sections 366A and 376 of Indian Penal Code. Heard. The grounds raised by the learned counsel for the revision petitioner are that the victim girl as well as the father of the victim, who set the law in motion, turned hostile and not supported the prosecution case, but whereas the learned trial Judge and the Appellate Judge convicted the accused on the ground that they have deposed in the Court supporting the case of the prosecution while they were examined in chief. This Court is of the view that the trial Judge had every right to take into consideration the evidence in chief examination, but the evidence also includes what was deposed in cross-examination. Further more, even though the offence alleged against the petitioner is under Section 376 IPC, the Prosecution has not clearly established the age of the victim girl. Further, when the victim girl and her relatives have not supported the prosecution case, this Court is of the view that it is highly unsafe to convict the accused that too when minimum punishment is envisaged in the said provision. Hence, the present Criminal Revision Case is allowed and the conviction and sentence imposed on the petitioner-accused by the trial Court and modified by the Appellate Court is hereby set aside and the accused is acquitted of the charges levelled against him. ________________________ JUSTICE RAJA ELANGO Dated : 10.02.2011 sur