Nunna Deepa @ Pratheema Devi vs The State Of Andhra Pradesh on 3 August, 2026

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    Andhra Pradesh High Court – Amravati

    Nunna Deepa @ Pratheema Devi vs The State Of Andhra Pradesh on 3 August, 2026

    APHC010476832023
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI                 [3521]
                               (Special Original Jurisdiction)
    
                       MONDAY, THE 3rd DAY OF AUGUST 2026
    
                                   PRESENT
    
              THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
    
              CRIMINAL REVISION CASE NOs: 851 AND 854 OF 2023
    
    CRIMINAL REVISION CASE NO: 851/2023
    
    Between:
    
      1. NUNNA DEEPA @ PRATHEEMA DEVI, W/O. APPAJI, AGED ABOUT
         37 YEARS, R/O.D.NO.60, RISHA VILLA, M.L.A LAY-OUT, RT NAGAR,
         BANGALORE, KARNATAKA AT PRESENT RESIDING AT HOUSE
         NO.54-16-2/9, CENTRAL EXCISE COLONY,            RING ROAD,
         VIJAYAWADA.
    
                                                            ...PETITIONER
    
                                      AND
    
      1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC
         PROSECUTOR AT HIGH COURT.
    
      2. NUNNA APPAJI, S/O. V.V.NAGESWARA RAO, AGED ABOUT 35
         YEARS, R/O.D.NO.8-1-76, AMMA APARTMENTS, FLAT NO.3,
         THADRAPPARAYUDU CENTRE, JANGAREDDIGUDEM VILLAGE
         AND MANDAL, WEST GODAVARI DISTRICT PRESENTLY RESIDING
         AT    D.NO.76-17-841,   URMILANAGAR,   BHAVANIPURAM,
         VIJAYAWADA.
    
      3. NUNNA V V NAGESWARA RAO, (DIED)
    
      4. NUNNA MALLESWARI, W/O. LATE NAGESWARA RAO, AGED
         ABOUT 50 YEARS, D.NO.76-17-841,     URMILANAGAR,
         BHAVANIPURAM, VIJAYAWADA.
    
      5. NUNNA DIVYA, D/O. V.V.NAGESWARA RAO, AGED ABOUT 30
         YEARS, R/O. D.NO.76-17-841, URMILANAGAR, BHAVANIPURAM,
                                       2
                                                                         Dr.YLR, J
                                                  Crl.R.C.Nos.851 and 854 of 2023
                                                                Dated 03.08.2026
    
        VIJAYAWADA.
    
      6. KARNATA SWATHI, W/O. RAMAKRISHNA AGED ABOUT 34 YEARS,
         C/O. VASU MEDICAL STORES, D.NO.76-17-841, URMILANAGAR,
         BHAVANIPURAM, VIJAYAWADA
    
      7. KARNATA RAMAKRISHNA, S/O. SESHAGIRI RAO, AGED ABOUT 39
         YEARS, C/O. VASU MEDICAL STORES, D.NO.76-17-841,
         URMILANAGAR, BHAVANIPURAM, VIJAYAWADA
    
                                                  ...RESPONDENT(S):
    
    Counsel for the Petitioner:
    
      1. B.ABHAY SIDDHANTH MOOTHA
    
    Counsel for the Respondent(S):
    
      1. KONDETI RANGA SRINIVAS
    
      2. PUBLIC PROSECUTOR (AP)
    
    CRIMINAL REVISION CASE NO: 854/2023
    
    Between:
    
      1. NUNNA DEEPA @ PRATHEEMA DEVI, W/O. APPAJI, AGED ABOUT
         37 YEARS, R/O.D.NO.60, RISHA VILLA, M.L.A LAY-OUT, RT NAGAR,
         BANGALORE, KARNATAKA AT PRESENT RESIDING AT HOUSE
         NO.54-16-2/9, CENTRAL EXCISE COLONY,            RING ROAD,
         VIJAYAWADA.
    
                                                         ...PETITIONER
    
                                     AND
    
      1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC
         PROSECUTOR AT HIGH COURT.
    
      2. NUNNA DIVYA, D/O. V.V.NAGESWARA RAO, AGED ABOUT 30
         YEARS, R/O. D.NO.76-17-841, URMILANAGAR, BHAVANIPURAM,
         VIJAYAWADA.
    
                                                  ...RESPONDENT(S):
    
    Counsel for the Petitioner:
                                            3
                                                                                    Dr.YLR, J
                                                             Crl.R.C.Nos.851 and 854 of 2023
                                                                           Dated 03.08.2026
    
         1. B.ABHAY SIDDHANTH MOOTHA
    
    Counsel for the Respondent(S):
    
         1. DONDAPPAGARI SAI SIDDI SRIKHAR
    
         2. PUBLIC PROSECUTOR (AP)
    
    The Court made the following:
    
    COMMON ORDER:

    These two Criminal Revision Cases are heard together and are being

    disposed of by this common order, as they involve a common question of law,

    SPONSORED

    though they arise out of different Calendar Cases. Since the Petitioner in both

    the cases is one and the same, it is appropriate to dispose of them by this

    common order.

    2. Criminal Revision Case Nos.851 and 854 of 2023 are filed under

    Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity

    ‘the Cr.P.C‘), challenging the judgments passed in Crl.A.Nos.452 and 453 of

    2019 on the file of the learned Judge, Family Court-cum-VII Additional District

    and Sessions Judge, West Godavari at Eluru, whereby the learned Appellate

    Court confirmed the judgment dated 05.11.2019 passed in C.C.Nos.325 and

    326 of 2019 on the file of the learned Principal Junior Civil Judge-cum-Judicial

    Magistrate of First Class, acquitting the accused of the offences punishable

    under Section 498-A of the Indian Penal Code, 1860 (for brevity ‘the I.P.C‘)

    and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the D.P.

    Act‘).

    4

    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    3. Heard the learned counsel for the petitioner, the learned Legal Aid

    Counsel for Respondent No.2 in Crl.R.C.No.851 of 2023, the learned Legal

    Aid Counsel for Respondent Nos.2 to 7 in Crl.R.C.No.854 of 2023, and the

    learned Assistant Public Prosecutor.

    4. Sri B. Abhay Siddhanth Mootha, learned Counsel for the Petitioner,

    while reiterating the grounds urged in the revision, submits that the Courts

    below erred in acquitting the accused despite there being sufficient oral and

    documentary evidence establishing the demand and payment of dowry and

    the cruelty meted out to the petitioner. It is submitted that Exs.P12 and P13

    (medical records), Ex.P15 (tax invoices for gold ornaments), and Ex.P16 (bank

    transaction receipts) corroborate the prosecution case and were not properly

    appreciated. The learned counsel further argued that the Appellate Court

    proceeded on an erroneous factual premise by treating PWs.5 and 6 as the

    Petitioner’s parents instead of her uncle and aunt. It is contended that minor

    discrepancies regarding the quantum of dowry ought not to have outweighed

    the consistent evidence regarding payment of dowry and harassment.

    Therefore, it is prayed that the concurrent judgments of acquittal be set aside

    and the Criminal Revision Cases be allowed.

    5. Per contra, Mr. A. Sai Rohit, learned Assistant Public Prosecutor, and

    the learned Counsel for Respondent Nos.1 to 6 submit that both the Trial

    Court and the Appellate Court have properly appreciated the oral and

    documentary evidence and recorded well-reasoned findings of acquittal. It is
    5
    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    submitted that the prosecution failed to establish the demand or payment of

    dowry and the alleged acts of cruelty beyond reasonable doubt. The learned

    APP argued that the documentary evidence relied upon by the petitioner does

    not conclusively prove the offences under Section 498-A of ‘the I.P.C.,’ or

    Sections 3 and 4 of ‘the DP Act‘. It is further contended that the alleged

    discrepancies and factual errors pointed out by the Petitioner do not warrant

    interference in revisional jurisdiction. Therefore, it is prayed that the Criminal

    Revision Cases be dismissed.

    6. Sri K. Ranga Srinivas, learned Legal Aid Counsel for Respondent No.2

    in Crl.R.C.No.851 of 2023, and Sri D.S. Siddi Srikhar, learned Legal Aid

    Counsel for Respondent Nos.2 to 7 in Crl.R.C.No.854 of 2023, while adopting

    and supporting the submissions advanced by the learned Assistant Public

    Prosecutor submitted that both the Trial Court and the Appellate Court have

    properly appreciated the entire oral and documentary evidence and recorded

    well-reasoned concurrent findings of acquittal. It is submitted that the

    prosecution failed to establish the essential ingredients of the offences alleged

    against the accused beyond reasonable doubt and that the documentary

    evidence relied upon by the petitioner does not substantiate either the demand

    for dowry or the alleged acts of cruelty. The learned counsel further contended

    that the concurrent findings recorded by the Courts below are based on proper

    appreciation of the evidence and do not suffer from any perversity, illegality, or

    material irregularity warranting interference in the exercise of revisional
    6
    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    jurisdiction. Accordingly, it is prayed that the Criminal Revision Cases be

    dismissed.

    7. Thoughtful consideration is bestowed on the arguments advanced by

    the learned Counsel for both sides. I have perused the entire record.

    8. Now the point for consideration is:

    “Whether the judgments in Crl.A.Nos.452 and 453 of 2019 dated
    21.07.2023, passed by the learned Family Court-Cum-VII Additional
    District and Sessions Judge, West Godavari, Eluru, are correct, legal,
    and proper with respect to its finding, sentence, or judgment, and there
    are any material irregularities? And to what relief?”

    9. While deciding a Criminal Revision Case filed against acquittal of

    accused, it is apposite to refer the Hon’ble Apex Court in Bindeshwari

    Prasad Singh v State of Bihar 1wherein at Paragraph No.13 it is held as

    under:

    “13. … In the absence of any legal infirmity either in the procedure
    or in the conduct of the trial, there was no justification for the High Court
    to interfere in exercise of its revisional jurisdiction. It has repeatedly been
    held that the High Court should not re-appreciate the evidence to reach
    a finding different from the trial Court. In the absence of manifest
    illegality resulting in grave miscarriage of justice, exercise of revisional
    jurisdiction in such cases is not warranted.”

    10. The Hon’ble Supreme Court in D Stephens v Nosibolla2 at Paragraph

    No.10 held as under:

    “The revisional jurisdiction conferred on the High Court under S.
    439
    , Cr.P.C., is not to be lightly exercised, when it is invoked by a
    private complainant against an order of acquittal, against which the
    Govt. has o right of appeal under S. 417. It could be exercised only in
    exceptional cases where the interests of public justice require
    interference for the correction of a manifest illegality, or the prevention of
    a gross miscarriage of justice. This jurisdiction is not ordinarily invoked

    1
    (2002) 6 SCC 650
    2
    AIR 1951 SC 196
    7
    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    or used merely because the lower court has taken a wrong view of the
    law or mis-appreciated the evidence on record.”

    11. The Hon’ble Apex Court in K Chinnaswamy Reddy v State of AP3, at

    Paragraph No.7 held as under:

    “7. It is true that it is open to a High Court in revision to set aside
    an order of acquittal even at the instance of private parties, though the
    State may not have thought fit to appeal; but this jurisdiction should in
    our opinion be exercised by the High Court only in exceptional cases,
    when there is some glaring defect in the procedure or there is a manifest
    error on a point of law and consequently there has been a flagrant
    miscarriage of justice. Sub-section (4) of S. 439 forbids a High Court
    from converting a finding of acquittal into one of conviction and that
    makes it all the more incumbent on the High Court to see that it does
    not, convert the finding of acquittal into one of conviction by the indirect
    method of ordering retrial when it cannot itself directly convert a finding
    of acquittal into a finding of conviction. This places limitations on the
    power of the High Court to set aside a finding of acquittal in revision and
    it is only in exceptional cases that this power should be exercised. It is
    not possible to lay down the criteria for determining such exceptional
    cases which would cover all contingencies. We may, however, indicate
    some cases of this kind which would in our opinion justify the High Court
    in interfering with a finding of acquittal in revision. These cases may be:

    where the trial court has no jurisdiction to try the case but has still
    acquitted the accused, or where the trial court has wrongly shut out
    evidence which the prosecution wished to produce. or where the appeal
    court has wrongly held evidence which was admitted by the trial court to
    be inadmissible, or where material evidence has been overlooked either
    by the trial court or by the appeal court, or where the acquittal is based
    on a compounding of the offence, which is invalid under the law. These
    and other cases of similar nature can properly be held to be cases of
    exceptional nature, where the High Court can justifiably interfere with an
    order of acquittal; an in such a case it is obvious that it cannot be said
    that the High Court was doing indirectly what it could not do directly in
    view of the provisions of S. 439 (4). We have, therefore, to see whether
    the order of the High Court setting aside the order of acquittal in this
    case can be upheld on these principles.”

    12. Keeping in view of all the principles laid down in the judgments referred

    supra, I shall proceed to decide this Revision Case without there being any

    iota of re-appreciation of evidence by sitting like a Second Appellate Court.

    Therefore, appreciation of the evidence is not practically possible and feasible.

    3
    AIR 1962 SC 1788
    8
    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    13. Indeed, Exs.P12 and P13, by themselves, do not establish that the

    petitioner was subjected to cruelty by the accused within the meaning of

    Section 498-A of ‘the I.P.C.,’ as the medical certificates merely indicate that

    she was under stress and depression without attributing the same to any

    specific act of the accused. The alleged factual error regarding the relationship

    of P.Ws.5 and 6, whether they are the parents or the uncle and aunt of the

    petitioner, is inconsequential and does not affect the core findings of the

    Appellate Court, as both are interested witnesses and no independent

    evidence was adduced to corroborate the prosecution case. Therefore, the

    concurrent findings recorded by the Courts below do not warrant interference

    in the exercise of revisional jurisdiction.

    14. Accused No.4 is the sister-in-law of the de facto complainant/petitioner,

    and Respondent Nos.2 to 7 are her relatives. In order to establish the guilt of

    the accused/respondents, the prosecution examined P.Ws.1 to 8 and marked

    Exs.P1 to P26. On behalf of the accused, Ex.D1 was marked. Upon

    appreciation of the oral and documentary evidence on record, the learned Trial

    Court acquitted the accused of the charges. The learned Appellate Court, on

    an independent reappraisal of the evidence, concurred with the findings of the

    Trial Court, holding that the prosecution failed to establish the guilt of the

    accused beyond reasonable doubt and that the evidence adduced suffered

    from material contradictions and inconsistencies.
    9

    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    15. Having carefully considered the submissions made by the learned

    counsel on either side and on perusal of the judgments of the Courts below,

    this Court finds that both the Courts have assigned cogent and valid reasons

    for recording an order of acquittal. The findings are based on proper

    appreciation of the evidence on record and do not suffer from any perversity,

    patent illegality, jurisdictional error, or material irregularity warranting

    interference in exercise of the revisional jurisdiction under Sections 397 and

    401 of ‘the Cr.P.C.,’ No exceptional circumstance is made out to interfere with

    the concurrent findings of acquittal.

    16. Accordingly, both the Criminal Revision Cases are devoid of merit and

    are, therefore, dismissed. No order as to costs.

    As a sequel, interlocutory applications, if any pending, shall stand

    closed.

    _________________________
    Dr. Y. LAKSHMANA RAO, J
    Dt: 03.08.2026
    KMS
    10
    Dr.YLR, J
    Crl.R.C.Nos.851 and 854 of 2023
    Dated 03.08.2026

    THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

    CRIMINAL REVISION CASE NOS: 851 AND 854 OF 2019

    Date: 03.08.2026
    KMS



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