STATE OF ANDHRA PRADESH Vs. UPPALA TRIMURLHULU

JUDGEMENT

(1.) The State preferred this appeal against the acquittal of the accused in Sessions Case No. 38/90 on the file of the learned Asst. Sessions Judge, Tadepalligudem.

(2.) The case of the prosecution, as deposed to by P.Ws. 3 and 4, is: The victim Satyavathi is the sister of P.W. 3. The victim was the resident of Marallamudi village. On week prior to the date of offence she came to Chadarasigunta to the house of P.W. 1, her brother for getting treatment. On 10.9.1988 at about 3 p.m. the victim went to answer calls of nature at the nearby cashewnut garden. While she was answering calls of nature, the accused came there, dragged her and committed rape on her. Due to weakness she could not resist him. Meanwhile P.Ws. 3 and 4 came there and noticed the accused getting up over the victim. When they questioned the accused, he slapped them on their cheeks. At that time P. Subba Rao (P.W. 5) came there. On seeing him the accused ran away. Thereafter, they came to their houses. The victim and her relations raised a dispute before the elders in the night itself. The elders advised them to settle the matter on the next day. As the same could not be done, they went to the Police Station on 11.9.1988 and gave a report and handed over the towel which was gagged in her mouth by the accused at the time of offence. On 12.9.1988 the accused was arrested. The clothes of the accused were seized and sent for chemical examination. The victim was also sent for medical examination. P.W. 14 the doctor examined the victim and issued wound certificate Ext. P.10. She also sent the prescribed specimens for chemcial analysis. After receiving the Analyst report, she opined that there is evidence of recent intercourse with the victim. P.W. 15, Assistant Professor of Forensic Medicine, Rangaraya Medical College, Kakinada examined the victim. He opined that the victim is aged about 16 to 17 years. The accused was also sent for medical examination. P.W. 13, another doctor examined the accused and issued Ext. P-8 wound certificate. After completion of investigation, the charge sheet was laid.

(3.) In order to establish its case the prosecution examined P.Ws. 1 to 17 and marked Ext. P. 1 to P. 21 and M.Os. 1 to 7. When examined under section 313, Cr.P.C. the accused denied the offence. The victim died before she was examined in the court. The learned Assistant Sessions Judge, after considering the entire evidence on record, disbelieved the evidence of prosecution and acquitted the accused. Against that the present appeal is filed.