K VENKATESHWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment dated 20/10/2009 passed by the High Court of Andhra Pradesh in Criminal Appeal No.1037 of 2001 whereby the High Court has reversed the judgment and order of the Additional Sessions Judge, Miryalguda acquitting the appellant of the offence punishable under Section 376 of the Indian Penal Code (for short, 'the IPC'). The High Court has sentenced the appellant to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs,1,000/-, in default, to suffer simple imprisonment for a period of one month.

(2.) In short the prosecution case is that PW-1 Anjaiah and PW-3 Padma, father and mother respectively of PW-2 Aruna are residents of Vepalasingaram village of District Nalgonda. PW-2 is physically handicapped due to Polio. On 30th August, 1998, PWs 1 and 3 who work as coolies left for their work leaving PW-2 Aruna in the house. PW-2 Aruna and other children played for sometime on the terrace of the house of the appellant who was working as police constable. At about 4.00 p.m., all the children decided to go down. It was, however, difficult for PW-2 Aruna to go down due to her physical handicap. At that time the appellant came there, PW-2 requested him to help her to go to the ground floor. According to the prosecution the appellant lifted her, took her in his house, laid her on a cot and committed rape on her. The children, who were present there, saw the incident by peeping from the side of the door curtain. They informed PW1 about the incident after he returned from his work. Thereafter PW-1 went to the police station and lodged FIR (Ex. P.1). PW-16 G. Madhusudan Rao, Sub-Inspector of Police, Huzurnagar Mandal, registered a crime against the appellant for the offence punishable under Section 376 of the IPC. PW-15 Dr. M. Lalitha Rao, Civil Assistant Surgeon of the Nalgonda District Headquarters Hospital examined the prosecutrix on 1.9.1998 at about 12.10 p.m. Vaginal slides were sent to the Forensic Science Laboratory. The appellant was arrested on 4.9.1998. He was examined at the Government Hospital, Huzurnagar. After completion of the investigation the appellant was charged under Section 376 of the IPC. In support of its case the prosecution examined as many as 18 witnesses. The appellant contended that he was falsely implicated. He claimed to be tried.

(3.) The trial court acquitted the appellant basically on the ground that the victim and her mother did not speak anything about the rape and the child witnesses stated that they were kept by the police in police station prior to giving evidence and therefore, their evidence cannot be relied upon. The trial court observed that the appellant is entitled to benefit of doubt. An appeal was carried by the State of Andhra Pradesh to the High Court. The High Court came to a conclusion that there was no appreciation of evidence at all by the trial court. The High Court re- appreciated the evidence and recorded a finding that the prosecution has proved its case beyond reasonable doubt. The High Court set aside the trial court's order and convicted the appellant as aforesaid, which has led to this appeal.