- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court. By the impugned judgment conviction of the appellant for offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 (in short the 'IPC') was upheld, but the conviction for offence punishable under Section 306 IPC was set aside. However the sentence of three years imprisonment for offence punishable under Section 354 IPC which was imposed by the trial court was reduced to two years. The sentence of six months imprisonment and fine for offences relatable to Section 448 IPC were maintained by the High Court.
(3.) Prosecution version in a nutshell is as follows: Shaik Khasim Bee (hereinafter referred to as the 'deceased') is daughter of Shaik Nagoor (PW5) and Shaik Nazer Bee (PW 1). Accused, Shaik Nagoor was at the relevant point of time the tenant in their house at Singhnagar, Vijayawada. Accused as a tenant in a small hut in the same compound of the house of PW 1. It appears that accused was soliciting the deceased for sexual intercourse. On 12.11.1999 around 1.00 pm. PW 1 and the deceased went for Namaz and thereafter deceased returned home while PW-1 was coming behind after talking to one Kursheed begum for some time. When the deceased came home and went into middle portion of the house, which was vacant for collecting dried clothes, accused allegedly came behind, caught hold of her, and when she threatened him saying that she would complain to her mother about the acts of the accused, he in turn replied that he himself, would complain to her mother saying that she herself called him and thereby, would defame her and her family. Feeling disturbed and suffering from emotional turmoil, deceased went into room, poured kerosene and set fire to herself. On receipt of intimation from the Hospital, police of Nunna Rural Police Station, Vijayawada City, registered a case against the accused in Crime No. 258 of 1999 for the offences punishable under Sections 448, 354 and 306 IPC and after investigation filed charge sheet and the same was taken on file in S.C. No. 181 of 2001. Accused pleaded innocence and false implication.;