THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1342 of 2004 JUDGMENT: The State is the petitioner herein and this revision is directed against the calendar and judgment dated 3.10.2002 made in Crl.A.No.76 of 2000 by the VII Additional District & Sessions Judge (FTC), Visakhapatnam. The facts of the case in brief are as follows: All the accused bore grudge against P.w.1, the defacto complainant on the ground that she beat the elder brother of the A4 to A6 with a knife and caused injuries on the pretext that he did not fulfill his promise to marry her. While so, on 10.5.1997 at about 10.00 hours, while P.W.1- Masavarapu Venkata Ratnam who is the defacto complainant was attending work at her house, which was newly constructed, the respondents came to her house, caught hold of her and dragged her on to the road, laid her down on the road, removed her clothes and poured cashew liquid (jeedi) and chilli powder into her vagina and thereby outraged her modesty and on seeing the same, the father of P.W.1 came in rescue of her and at that time, the other accused attacked him, beat him and forcibly tied him to a tree situated on the side of the road. On a report given by P.W.1, the Sub-Inspector of Police, K. Kotapadu Police Station, registered a case in Cr.No.62 of 1997. After completion of the investigation, a charge sheet was filed against the respondents-accused for the offence punishable under Sections 354, 342, 324 and 323 r/w 34 IPC. The same was numbered as P.R.C.Nos.26 of 1997 and 19 of 1998 and after committal the same were made over to the Court of Assistant Sessions Judge, Chodavaram and numbered as Sessions case Nos.11 and 125 of 1998. After considering the entire material, the trial Court framed charges for the offences under Sections 323, 354 and 324 IPC against the respondents herein and also charges under Sections 323 r/w 34, 354 r/w 34 and 324 r/w 34 and Section 341 and 323 of IPC against the respondents and others. After recording the evidence, the learned Assistant Sessions Judge came to the conclusion that the respondents herein-A1 to A3 are found guilty of the offence punishable under Section 354 of IPC only and accordingly sentenced accused No.3 to suffer R.I. for six years and to pay a fine of Rs.500/- and in default, to further suffer S.I. for a period of 1 ½ years and sentenced A1 and A2 to suffer R.I. for five years each and to pay a fine of Rs.5,000/- each and in default to further suffer S.I. for a period of one year three months. The said judgment was questioned by the respondents-A1 to A3 by filing Crl.A.No.76 of 2000. The lower appellate Court while upholding the said sentence, however, applied the provisions of Section 360 Cr.P.C. and released the respondents. The same is questioned by the State by filing this revision. Though originally the charge sheet was filed against A1 to A6, the present revision is preferred by the State against A1 to A3- respondents herein, who alone are convicted for the offence under section 354 I.P.C by the trial Court and later on, released under the provisions of section 360 Cr.P.C by the lower appellate Court. Heard the learned Public Prosecutor and perused the material available on record. In the instant case, the conviction arrived at by the trial Court was confirmed by the lower appellate Court. However, the fact remains that the respondents who are convicted are the women and the offence in question is not punishable with death or imprisonment for life and no material was also placed to disclose whether any previous conviction was recorded against them. In these circumstances and in view of the circumstances of the case and in view of the fact that the respondents who are convicted for the offence in question are women, this Court is of the view that the lower appellate Court is justified in applying the provisions of Section 360 Cr.P.C and as such, the judgment of the lower appellate Court, does not warrant any interference by this Court. This criminal revision case is devoid of merits and thereby, the same is liable to be dismissed. Accordingly, this Criminal Revision Case is dismissed. _____________________________ JUSTICE GOPALA KRISHNA TAMADA 24th February 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1342 of 2004 24.2.2011