THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1366 OF 2000 DATED 23rd NOVEMBER, 2010. BETWEEN : The Public Prosecutor .. Appellant-Prosecution and Ch.Srinivasulu & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1366 OF 2000 JUDGMENT: This Criminal Appeal under Section 378 (3) & (1) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the appellant- Prosecution challenging the judgment dated 01.02.1999 passed by the learned Principal Assistant Sessions Judge, Gudur, in S.C.No.282 of 1996 wherein the learned Judge acquitted the accused under Section 235 (1) Cr.P.C. for the offence punishable under Sections 341, 365, 366A, 343 and 340 of Indian Penal Code (for short ‘IPC’). Allegations against the accuse, in brief, are that: A.1, who was attracted by the victim Audi Laxmi, decided to marry her at any cost. Having come to know that said Audi Laxmi used to visit Saibaba Temple on every Thursday, A.1 with other accused hatched a plan to abduct her. In pursuance of the same, on 15.07.1993 when said Audi Laxmi, Padma and Prasuna were proceeding to Saibaba Temple, on the way all the accused waylaid and forcibly taken away all of them to the house of the brother of one of accused. From there, they were shifted to Madras on the next day, where A.1 threatened one of the victim Padma to perform her marriage. From there, said Padma and another victim Prasuna returned to village. Further, when A.1 and victim Audi Laxmi were going in a bus, the victim raised hue and cry and on hearing the same the passengers of the bus rescued the victim and handed over her to her uncle. Basing on the report of said Audi Laxmi, Police registered a case and after completion of entire investigation, they filed charge sheet against the accused. This Court perused the entire material on record and also heard the arguments. The impugned judgment reveals that the learned trial Judge acquitted the accused on the basis of the questions put to him by his predecessor in office in 313 Cr.P.C. examination. Challenging the same, the State preferred the present criminal appeal. In the impugned judgment, the learned Sessions Judge opined that the incriminating evidence put forth to the accused when examined under Section 313 Cr.P.C. does not attract any offence as alleged by the Prosecution. Further, the appeal pertains to the year 2000 and the crime occurred in the year 1993. In these circumstances, this Court is not inclined to interfere with the impugned judgment. Therefore, the Criminal Appeal is dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 23.11.2010 sur