- (1.) The petitioner along with another accused was tried for the offences under Sections 366-A and 376 Indian Penal Code. Both of them were however acquitted under Section 366-A but the petitioner was convicted for the offence punishable under Section 376 Indian Penal Code by the Assistant Sessions Judge, Jangaon and was sentenced to seven years' RI as also to a fine of Rs. 500. 00. On default in payment of fine he was to undergo a further two months' simple imprisonment.
(2.) The petitioner preferred an appeal. The learned Sessions Judge, warangal who disposed of the appeal on 15/10/1996 reduced the sentence from seven years to five years. The reasons for reducing the sentence set out in the judgment by the learned Sessions Judge are as under: "Insofar as the punishment part of the judgment of the lower court is concerned, the learned Assistant Sessions Judge has imposed seven years of imprisonment as contemplated. Section 376 Indian Penal Code provides that for any adequate and special reasons to be mentioned in the judgment the court could impose a sentence of less than seven years. Here it is a case where, from the angle of the appellant we could see that it is not out of total lust towards the prosecutrix, A-1 happened to commit rape on her. It is on account of total abandonment of his wife that happened due to PW 1 developing illicit intimacy with A-1's wife, A-1 has taken the step of taking away Swaroopa and committing rape on her. Further A-1 did not want to rape Swaroopa and totally abandon her. Even as per her evidence a-1 attempted to tie thali and give Swaroopa a status in the society. It is also to be mentioned that both A-1 as well as Swaroopa belong to the same caste Waddera. Thus the circumstances of the case would clearly show that it is not out of total lust, the offence has been committed, but due to circumstances narrated above, and these circumstances can be taken for lessening the sentence imposed by the learned Assistant Sessions Judge. "
(3.) Revision filed by the petitioner was dismissed by the High Court by the impugned judgment dated 11/12/1998.;