BOYA CHINNAPPA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The applt, in this case has been convicted of the offence of rape sentenced to seven years rigorous imprisonment & a fine of Rs. 600 by the Ses. J. of Anantapur.

(2.) The facts of the case are these : The victim of the rape is P. W. 1 aged about ten years. She was living with her mother P. W. 3 who was abandoned by her husband while P. W. 1 was a baby. P. W. 3 has been earning her livelihood by doing cooly work & sometimes by begging. They were both living in a village called Garladinne. There was also a brother of P. W. 3 living in the same village almost next to her house. Another brother of P. W. 3 lives at a place called Jambuladinne which is a hamlet of Garladinne & which is within a distance of about a mile from the latter place. The village Mag. of the place lives at Jambuladinne & the accused also lives in the same village as P. W. 3.

(3.) According to the evidence of P. w. l, the victim, she left her village on 16-71949 at about 3 P. M. for Jambuladinne to fetch from her uncle's house Jaunapallu (milk got from a cow or buffalo within a few days after she calved). The milk was not available & her uncle P. W. 8 promised that; he would send it the nest morning & she returned. While she was coming back to her village, she was met by the accused who was coming from Garladinne. He is said to have been in a tipsy condition with red eyes. After making enquiries aa to where P. W. 1 was going, he is said to have caught her arm & dragged her into a pit which is by the side of the path, laid her down on her back, himself sat down in front of her and placed her legs on his thighs. P. W. 1 started weeping & shouting. The accused then gagged her mouth with her own cloth. She lost consciousness & the only thing she knew when she regained conaciousness was that she found the accused tying her petticoat to her after washing it in water in a ditch nearby. She found blood on her petticoat & also found her vagina bleeding. The accused is said to have asked her not to tell any one of what happened threatening to kill her in case of disclosure. She was proceeding to her house weeping. On the way she met P. W. 6 who questioned her as to why she was weeping. She complained to him of what the accused did to her. He advised her to go home and inform her mother. P. W. 1 went home & informed her mother of what the accused did. The mother & daughter thereupon went to the house of the accused who was already known to P. W. 3 but did not find him there. P. W. 3 went to the place where he was alleged to be & questioned him. He is said to have challenged her to do what she liked. The mother & daughter then went to Jambuladinne for the purpose of giving a complaint to the village Mag. but he was not in the village. Thereupon, on the advice of P. Ws. 7 & 8 they went to Anantpur to obtain a medical certificate. It is alleged that the doctor who examined P. W. 1 refused to give a certificate unless a fee was paid and as they were not in a position to pay, they came back without a certificate. After their return, they again went to the village Mag. & made a. report orally which he reduced to writing & it is Ex. p. 2 in the case. On his sending the reports to the police, the investigation started & the accused was arrested. On the requisition of the police, on 18-7-1949 the lady doctor at Anantapur examined P. W. 1 & gave a certificate. Thereafter the charge sheet was laid against the applt.