K.Sreenu, S/o K.Chinna Raghavulu, Occ Colony, Jubilee Hills, Hyderabad. [ 3251 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL NO: 13 OF 201 0 Criminal Appeal Under Section 374(2) ot Cr.P.C against the Judgment Dated 05.01.2010 in S.C.No.334/2009on the file of the Court of the ll Additional Metropolitan Sessions Judge, Hyderabad Between: Mason R./o H.No.9-4-30/83/2, Maganti ...Petitioner/AppellanUAccused AND The State Of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. ...RespondenUComplainant l.A. NO: 1 OF 2010(CRLAMP. NO: 68 OF 2010 Petition under Section 389(1) Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the execution of sentence and release the petitioner on bail, pending disposal of the Crl.A. Counsel for the Appellant(s): SRl. C B ADARSH KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following: HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 13 of2O1O JUDGMENT: 1. The present Criminal Appeal is filed by the accused challenging the judgment of conviction dated 05.01.2010, in S.C.No.334 of 2OO9, on the file of the learned II Additional Metropolitan Sessions Judge, Hyderabad, r,r,hereunder the accused was convicted for the offence under Section 354 of iPC and sentenced to under rigorous imprisonment for a period of five years and to pay fine of Rs. 1,000/-, in default in payment of fine to undergo simple imprisonment for a period of one month. 2. Briefly, the case of the prosecution is that on 04.ll.2OOZ, at about 07.30 p.m., u,hile PW1 and PW2 were near their house, the accused went to the residential portion of the defacto complainant viz., K.padma in drunken condition, scolded her in filthy language, caught hold her hands and pulled her hands. When the said padma raised hue and cry, PW1 and.PW2 rushed to the spot and witnessed the incident. on seeing PWl and PW2, accused ran away. Thereafter, as per the complainant/ Ex. Pl was given by defacto complainant (not examined) along with PW2, who is the brother of defacto complainant. A case u,as registered as crime No.988 of 2oo7 on the file of the S.R.Nagar police Station, for the offence punishable under Section 354 of IpC. t 2 3. The prosecution failed to examine the alleged victim namely Padma. Though Ex.P1 / complaint was marked, PW3 / investigation officer admits that he does not know who was scribe of Ex'Pl' Further' the scribe was also not examined. Both PW1 and PW2' who are the eye- witnesses, did not speak about Ex'Pl, as to who has prepared the complaint. Further, as seen from Ex'P1/complaint' names of PW1 and PW2 were not mentioned in the complaint' 4. In the absence of examination of the victim' trx'Pl/complaint has to be proved by either the scribe of the compiaint or the victim who dictated the complaint. This Court deems it totally unsafe to place reliance upon evidence PW1 and PW2 when they were not mentioned in thecomplaintandthevictimnotbeingexaminedanditisappropriateto set aside the conviction. 5. Accordingly, this Criminal Appeal is allowed and .judgment of conviction against the accused dated 05 01'2010' in S'C'No'334 of 20O9, on the file of the learned II Additional MetroPolitan Sessions Bail Bonds of the Judge, Hyderabad, is hereby set aside appellant/ accused shall stand discharged' pending, if any, shall stand closed. SD/- C.V. MALLIKARJUNA VARMA JOINT REGISTRAR /ITRUE COPY// Itlv SECTION OFFICER Miscellaneous Petitions To, 1. The ll Additional Metropolitan Sessions Judge' Hyderabad i. iiil ii i nooliion"r chi"i Metropolitan Magistrate' Hvderabad ;. i'# il;;;;t.-na.-n1, ceniiaiiail, cherlJpallv' Ransa Reddv District @l .t 4. The Station House Officer, SR Nagar police Station, Hyderabad 5' Two ccs to the pubric prosecutor, High court roi ine state of rerangana at Hyderabad [OUT] 6. One CC to Sri C B ADARSH KUMAR, Advocate [OPUC] 7. Two CD Copies SP ADK HIGH COURT DATED:0710712023 ORDER CRLA.No.13 of Z01O CRIMINAL APPEAL IS ALLOT'ITED I a S e 1 xe A T E t S 2 2 n o -b al P 2m ctf \:., p S -:-r )D)> t