ipod touch stuck at "low battery screen" when fully charged? help please

ok before i go into any detale here its not low battery and im refusing to recharge it. ok i have had my ipod touch 3 1/2 months, and about 3 weeks after my update to the 2.0 software, since a few days ago it has randomly gone to the low battery please recharge screen even if it was on full battery, i would have it playing music then when i would be finnished i would put it into sleep for around an hour (wifi, fetch and location services off) and when i come back to it it is stuck at the scrren with the low battery with the tiny red bit flashing. it also happens when i turn it off completely and when i did charge it i left it charging for around 3 hours just to be sure and still the same, usually after 30 mins of constantly turning it off and on again i would see the apple logo and it will start fine saying it has full battery ect... i would try and restore or something but when its in the strange mode

ANY help wouyld be really appriciated
thanks