Public Prosecutor, High Court of A. P. , Hyd v. Bantu Tirumala Rao
2004-09-21
P.S.NARAYANA
body2004
DigiLaw.ai
( 1 ) HEARD the Counsel on record. ( 2 ) THIS Criminal Appeal is filed by the state against an order of acquittal recorded in S. C. No. 57/98 on the file of Assistant sessions Judge, Parvathipuram. ( 3 ) THE facts of the case are as hereunder: the complainant one Peddinti Uma and accused are close relatives and are residents of Raminaiduvalasa village. In the second week of January 1997 accused promised to marry Peddinti Uma. The said Peddinti Uma believed and used to move with the accused closely. While the matter stood thus, on 14-1-1997 while Peddinti Uma was sleeping alone in her house the accused went into the house and committed rape on the said peddinti Uma and after she woke up when she questioned about the act of accused he promised to marry her after obtaining consent of his family members and requested her not to disclose about the act he committed. Peddinti Uma believing the said words of the accused did not disclose to any one and she used to have sexual intercourse with him without the knowledge of her father. While peddinti Uma and the accused were moving closely in the village, the neighbours somulamma, Bommina Narayanamma and reddi Purushothamnaidu have warned the said Uma not to move closely with the accused and in spite of their warnings peddinti Uma paid a deaf ear believing the promise of accused due to which she became pregnant and the same was exposed in the village. The father of Peddinti Uma, one parisinaidu, on knowing about the intimacy between his daughter Uma and the accused asked the accused for which the accused gave evasive reply. Thereupon he sent word to the accused through Peddinti appalaswamy, Peddinti Raminaidu and peddinti Chinababu to which the accused gave a reply that he would marry Peddinti uma with the consent of his family members. The incident relating to 3-9-1997 and also 10-9-1997 had been narrated and the accused refused to marry ultimately and hence she went to police station on 12-9-1997 and presented the report and a case was registered in Crime No. 64/97 under Sections 376 and 417 IPC. ( 4 ) THE evidence of P. W. 1 to P. W. 9 was recorded and Exs. P-1 to P-4 had been marked.
( 4 ) THE evidence of P. W. 1 to P. W. 9 was recorded and Exs. P-1 to P-4 had been marked. The learned Judge appreciated the evidence available on record in detail and recorded reasons and arrived at a conclusion that the guilt of the accused had not been proved. Aggrieved by the same, the present Criminal appeal is filed. ( 5 ) IT is brought to the notice of this Court that in view of settlement the sole accused and the defacto complainant had entered into a marital tie and even living happily. In the facts and circumstances, it is needless to say that even to safeguard the marital relationship between the husband and wife, apart from the findings which had been recorded in detail by the learned Judge, this court is of the considered opinion that the said findings need not be disturbed and the acquittal is hereby confirmed. ( 6 ) THE Criminal Appeal is accordingly dismissed.