KATKAM RAAJANNA Vs. STATE OF AP

JUDGEMENT

(1.) The sole accused who is A-1 who faced trial in the lower court, is the appellant herein. The lower court i.e., Special Judge for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-cum-VIII Additional Sessions Judge, Nizamabad, framed charges against A-1 under Sections 376, 305 IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short, the Act). A-1 pleaded not guilty for the charges. During trial in the lower court, P.Ws. 1 to 20 were examined and Exs. P.1 to P.29 were marked on behalf of the prosecution. The lower court found A-1 not guilty of the offence under Section 305 IPC. At the same time, the lower court found A-1 guilty under Section 376 IPC and Section 3(2)(v) of the Act and convicted and sentenced him to life imprisonment and fine of Rs. 500/- each for both the offences separately.

(2.) There is no dispute that the victim woman belonged to Scheduled Caste, as she belonged to 'Nayakapu' caste. She was a minor girl aged 17 years. A-1 is 'Kapu' by caste. The victim woman as well as the accused belong to one village. It is alleged that knowing caste of the victim woman, A-1 and A-2 followed her when she was going alone to school on 01.09.1997 and that A-1 dashed her and lifted her into Maize field in S. No. 366, threatened her and forcibly committed rape on her, while A-2 was standing in support of A-1. Subsequently on 15.04.1998, the victim girl became humiliated with the incident of rape and having no scope for being married, became vexed on her life and attempted suicide by self immolation and succumbed to burn injuries on 27.04.1998.

(3.) After the incident of rape, neither the victim nor any of her family members or any others gave any report about the alleged rape on 01.09.1997. On 02.09.1997, P.W.18 who is the then Sub Inspector of Police, Makloor police station after receiving reliable information regarding rape, went to Ramachandrapally village and recorded statement of the deceased as per Ex. P-27 and registered the same as case in Crime No. 87 of 1997 under Section 376 IPC and Section 3(ii) of the Act and issued Ex. P-28 F.I.R. P.W.9 Civil Assistant Surgeon at Government Head Quarters Hospital, Nizamabad examined the victim girl on 03.09.1997 and gave Ex. P-15 medical certificate. Ex. P-16 is F.S.L. report on Vaginal smears collected by P.W.9. P.W.11 who is Civil Assistant Surgeon in Government Headquarters Hospital, Nizamabad examined A-1 on 09.12.1997 and issued Ex. P-19 certificate to the effect that A-1 is physically potent and mentally well in order to participate in sexual intercourse. P.W.20 is the then Sub Divisional Police Officer, Nizamabad who investigated into the case, arrested the accused and filed final report/charge sheet under Section 173(2) Cr.P.C.