THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1365 of 2007 18-12-2014 BETWEEN:
The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh …..Appellant AND Dudimetla Purushotham …..Respondent/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1365 of 2007 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 29.07.2005 passed in S.C.No.106 of 2004 by the Court of the Assistant Sessions Judge, at Nalgonda, whereby the learned Judge acquitted the accused for the offences under Sections 420 and 306 IPC.
The case of the prosecution is as follows:
That the deceased Nagamma had illicit intimacy with the accused on the basis of the promise made by him that he would marry her and she had sexual relationship and subsequently, out of the said relationship, she became pregnant. The same was informed to the elders and elders intervened and advised the accused to marry the deceased. After the panchayat, the accused refused to marry the deceased. Aggrieved over the same, the deceased committed suicide.
To prove the case of the prosecution, P.Ws.1 to 8 were examined and Exs.P.1 to P.7 were marked. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused for the offences under Sections 420 IPC and 306 IPC, on the following grounds.
Except the evidence that the accused admitted that he had sexual relationship with the deceased, the prosecution failed to prove that the deceased became pregnant even though it is alleged by the prosecution that she became pregnant and the same was known to the entire village people. The medical evidence was also against the case of the prosecution. Hence, the trial Judge is of the view that the offence under Section 420 IPC is not made out. Further, the trial Judge is of the view that to attract an offence under Section 306 IPC, there should be positive evidence that because of the inducement of the accused, the deceased committed suicide and that the deceased has no other alternative except to commit suicide. The prosecution failed to prove that the accused induced the deceased to commit suicide and as such, the accused is not liable for punishment for the offence under Section 306 IPC.
Heard and perused the material available on record.
On perusing the evidence available on record and the Judgment of the Court below, this Court is of the view that the trial Court has appreciated the evidence in proper perspective and the reasoning given while acquitting the accused is in accordance with law. The Judgment of the trial Court does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 18.12.2014 pln