THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.855 of 2004 O R D E R: This Criminal Revision Case is filed by the petitioner/accused being aggrieved by the judgment dated 31.03.2004 passed in Criminal Appeal No.194 of 2002 by the learned VI Additional Sessions Judge (III-Fast Track Court), Warangal at Mahabubabad, confirming the conviction and modification of sentence recorded against the petitioner/accused for the offence punishable under Sections 448 and 354 IPC in the order dated 13.12.2002 in S.C.No.476 of 2000 by the learned Assistant Sessions Judge, Mahabubabad. The brief facts of the case are as follows: “The complainant namely Adda Rajitha and the accused namely Adda Pedda Sanjeeva are residents of Nandigama village and they are relatives to each other. On the intervening night of 14/15.09.1999 at about 2.30 a.m. this incident is alleged to have taken place. The husband of Rajitha was not in home for he left Parkal for cutting wood, some days before the date of this incident. On the fateful night Rajitha was sleeping with her suckling baby in her lamp, having returned from cooli work in the evening hours. The accused entered into the house of Rajitha and extinguished the lamp in the house and pronounced upon Rajitha, gagged her mouth and caught hold of her hands and tried to fulfil his lust. Rajitha resisted the accused and made shouting. Hearing the shouting of Rajitha, the neighbours namely Adda Chinna Sanjeeva, Adda Swarna have arrived and upon seeing the arrival of the said neighbours the accused came out of the house of Rajitha and fled away. On the next day morning Rajitha lodged a complaint at Nallaballi Police Station narrating the acts of accused and the complaint was registered as a case in Crime No.74 of 1999, under Section 354 IPC. The Head Constable of Nallaballi Police Station, took up investigation and filed the charge sheet alleging that the accused is liable to be punished for an offence under Section 448 and 354 IPC.” When charges under Sections 448 and 354 IPC were framed, read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried. To bring home the guilt of the accused, the prosecution examined PWs 1 to 5 and marked Exs.P.1 and P.2. On behalf of the accused, no witnesses were examined and no documents were marked. Challenging the same, this appeal has been preferred by the petitioner/accused. Learned counsel for the petitioner submitted that there was enmity between the complainant and the accused and a case is pending against the present complainant in which the accused is the complainant. The same was accepted by PW.1 in her cross-examination. The other witnesses also closely related to the complainant and no independent witness was examined. From the further perusal of the records and evidence, it is evident that the house of the complainant is in the midst of residential area. But the prosecution has not chosen to examine any independent witnesses and further the evidence adduced by the complainant does not inspire the confidence of this Court and further there is no explanation as to how PWs 2, 3 and 4 identified the accused when the occurrence took place at 2.00 P.M. in the mid night. There is no positive evidence adduced by the prosecution that light was available at the place of occurrence to identify the accused. In such circumstances, the present complaint and the evidence adduced by PW.1 cannot be taken a ground to convict the accused wherein a minimum punishment is to be imposed on the accused. Further the evidence disclosed that the accused belongs to Telegudesam party and her husband- complainant belongs to Communist party. This incident is only some political rivalry between the parties. Considering the same, this Court is of the view that the conviction imposed by the trial Court as confirmed by the appellate Court is liable to be set aside and the accused is acquitted of all the charges. If any fine amount is paid by the petitioner, the same is directed to be returned to him. In the result, the Criminal Revision Case is allowed. __________________ RAJA ELANGO, J 29th June, 2010. PNV