CRLA/1342/2017 of A.VENKATA SUBBA REDDY Vs THE STATE OF A.P., AND ANOTHER

APHC010862372017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3528] (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL APPEAL NO: 1342/2017 Between: A.venkata Subba Reddy ...APPELLANT AND The State of A.P. and another ...RESPONDENT(S) Counsel for the Appellant: 1. L J VEERA REDDY Counsel for the Respondent(S): 1. T DIWAKAR REDDY 2. PUBLIC PROSECUTOR (AP) The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice K.Suresh Reddy) Questioning the judgment of the acquittal passed by the learned II Additional Sessions Judge, Kadapa at Proddatur, in S.C.No.294 of 2012 dated 30.08.2017, PW.1 filed the present appeal. 2nd respondent / accused was tried by the learned Additional Sessions Judge under three charges. First charge was under Section 302 IPC. 2 Second charge was under Section 379 IPC alternatively under Section 411 IPC. Third charge was under Section 376 IPC. 2. Substance of the charge is that on 05.12.2011, the accused committed rape on Appakondu Eswaramma (hereinafter referred to as ‘the deceased’) near the agricultural fields situ