IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1685 OF 2009 Between: The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Appellant/Petitioner AND Rapuru Nagaraju ..... Respondent/Accused The Court made the following: JUDGMENT: The Criminal Appeal under Section 378 (3) and (1) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is directed by the State against the judgment, dated 17.06.2008, in Sessions Case No.162 of 2007, on the file of the learned Assistant Sessions Judge, Guntur, whereunder and whereby, the respondent/ sole accused was found not guilty of the offence punishable under Section 354 I.P.C. and acquitted of the said offence. 2. Brief facts that are necessary for disposal of the present Criminal Appeal may be stated as follows: About 20 days prior to 11.12.2005 at about 10.00 a.m., when P.W.2-Atchi Ramanamma, who was a dumb girl, was carrying drinking water to her, the accused came to her and caught hold of her waist with an intention to outrage her modesty. On that, P.W.2 raised cries. On hearing her cries, one Rapuru Sarada rushed to the scene of occurrence. P.W.3-Alakunta Vijayamma, who was also going with water, witnessed the occurrence. On seeing them, the accused ran away from the scene of occurrence. The parents of P.W.2 came to know about the incident when they returned from works at evening and informed the same to the village elders and requested them to do justice. As no justice was done, P.W.1-Atchi Ankamma lodged a complaint in Manubolu Police Station. The Sub-Inspector of Police registered a case on 11.12.2005 at about 3.00 p.m. and investigated into. After completion of investigation, the charge sheet was filed. 3. When the charge under Section 354 I.P.C. was framed, read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried. 4. To substantiate its case, the prosecution examined P.Ws.1 to 3 and got marked Exs.P1 to P3. On behalf of the accused, no evidence either oral or documentary was adduced. 5. The trial Court, after considering the evidence on record, came to the conclusion that there was no evidence and that parties appear to have compromised the matter and the prosecution failed to establish the guilt of the accused beyond all reasonable doubt and accordingly acquitted the accused. Hence, this Criminal Appeal by the State. 6. Now the point for determination is whether the prosecution proved its case beyond all reasonable doubt against the accused of the charge under Section 354 I.P.C. and whether the judgment of the trial Court is correct, legal and proper? 7. The allegation is that the accused outraged the modesty of P.W.2 by catching hold of her waist. All the three witnesses did not support the case of the prosecution. Therefore, the trial Court granted permission to cross-examine them with reference to their statements which were recorded by the police. Even after the permission was granted, except marking the statements, Exs.P1 to P3 respectively, nothing has been elicited to connect the accused with the charge levelled against him. 8. There cannot be any dispute that the statements, Exs.P1 to P3, recorded by the police during the course of investigation under Section 161 (3) Cr.P.C. cannot be used for any other purpose except for contradicting the witnesses in the manner as provided under Section 145 of the Indian Evidence Act, 1872. Therefore, there is absolutely no evidence to show that the accused committed an offence punishable under Section 354 I.P.C. Hence, the trial Court rightly acquitted the accused. There are no compelling or substantial reasons to interfere with the same. Hence, the Criminal Appeal is devoid of merit and is liable to be dismissed. 9. Accordingly, the Criminal Appeal is dismissed at the stage of admission confirming the judgment, dated 17.06.2008, in S.C.No.162 of 2007, on the file of the learned Assistant Sessions Judge, Guntur. _______________ (K.C. BHANU, J) Date: 2nd November, 2009 KL