MEKALA RAJI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against the judgment dated 16-8-1996 passed by the Court of Additional Sessions Judge, Medak at Sangareddy in S. C. No. 1 of 1996.

(2.) The accused A-1 to A-8 were charged of the offences punishable under Section 375, I.P.C. and under Section 3 of S.C. and S.T. (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). The Court below, on evidence, found A-1, A-3, A-5, A-6 and A-8 guilty under Section 3(2)(v) of S. C. and S.T. (Prevention of Atrocities) Act, read with Section 376, I.P.C., and accordingly convicted and sentenced them to suffer rigorous imprisonment for ten years each and also sentenced them to pay a fine of Rs. 2,000/- each and in default, to suffer imprisonment for a period of one year each. Similarly, the court below, on evidence, found A-2, A-4 and A-7 guilty for the offence punishable under Section 376, I.P.C. and convicted and sentenced them to suffer imprisonment for ten years each and also sentenced them to pay a fine of Rs. 2,000/- each and in default, to suffer imprisonment for a period of one year each. Aggrieved by the order of conviction, the accused A-1 to A-8 have preferred this appeal.

(3.) The case of the prosecution in brief is that on 30-8-1992 at about 8.00 p.m. when P.W. 1 Kumari Akkolla Yellava, who is aged about 18 years and Harijan by caste, was returning to house from the house of one Mekala Laxmi, P.W. 3 after making beedies, A-1 to A-8 way laid, caught hold of P.W. 1 and forcibly took her by lifting and closing her mouth the field of the victim, which is situated adjacent to the village and beat her with hands and threatened her that she will be killed if she does not oblige them and due to fear the victim kept quiet. Then A-1 to A-6 raped her forcibly, one after the other, while A-7 and A-8 watched the surroundings. After commission of the offence, A-1 to A-8 threatened her not to inform about the incident to anybody and out of fear, she did not reveal about the incident to anybody. While so, due to the loose talk by the accused in the village, the incident came to light and on information. P.W. 1 was called to Siddipet Police Station on 26-12-1992 and her statement was recorded by P. W. 9 and thereafter, P. W. 8, the S.I. of Police registered a case in Crime No. 99/1992 under Section 376, I.P.C. and issued F.I.R. to all the concerned. During the course of investigation, P.W. 9, recorded the statements of P.Ws. 1 to 3 and another and conducted the panchanama of the scene of offence in the presence of P.Ws. 4 and 6 and sent P.W. 1, the victim, to Government Civil Hospital, Siddipet for examination, where P.W. 7, referred the victim to Gandhi Hospital, Secunderabad for expert's opinion. P.W. 5 collected the vaginal smears and pubic hair clippings of the victim and sent for F.S.L. examination. After completion of the investigation, charge sheet was filed against A-1 to A-8 for the offences punishable under Section 376 I.P.C. and under Section 3 of S.C. and S.T. (Prevention of Atrocities) Act, 1989.