STATE OF ANDHRA PRADESH Vs. GANGULA SATYA MURTHY

JUDGEMENT

(1.) A girl of sixteen (Satya Vani) was raped and throttled to death. This was the gravamen of the charge put against respondent Gangula Satya Murthy alias Babu. Sessions Court convicted him under Section 302 and 376 of the Indian Penal Code and sentenced him to imprisonment for life and rigorous imprisonment for 7 years respectively under the two counts. But on appeal, a Division Bench of the High Court of Andhra Pradesh acquitted him. This appeal by special leave has been filed by the State of Andhra Pradesh in challenge of the said order of acquittal.

(2.) We shall state the facts of the case as put forth by the prosecution: Satya Vani a student of 10th Standard. She was residing with her parents in the village Tallura (East Godawari District). Respondent Babu, a married youngman, was residing with his mother in their house situated near the house of the deceased. Satya Vani used to visit respondents house to see television programmes as there was no television set available in her house. Respondent developed, in course of time, an infatuation for Satya Vani, but the overtures made by him were not favorably reciprocated by her.

(3.) On the evening of 26-11-1991, Satya Vani was sent by her parents to the house where her grand-parents lived with some errand. While returning from there she stepped into respondents house for seeing the telecast programmes. Respondent was all alone then in that house as his mother had gone to the town to see a cinema show. Taking advantage of the absence of anyone else in the house, respondent subjected Satya Vani to sexual intercourse by forcibly putting her on the cot. When she threatened that she would complain it to her parents respondent caught hold of her neck and throttled to death. A little later respondent went out of the house bolting if from outside.