PUBLIC PROSECUTOR Vs. KALLURU BALA THIRUPATHAIAH

JUDGEMENT

(1.) This appeal is filed by the State against the judgment of acquittal dated 27-2-1996 recorded by the Court of the Assistant Sessions Judge, Kovur, Nellore District in S.C.No. 295 of 1995 for the offence punishable under Section 376IPC.

(2.) Since the Counsel appearing for the accused-respondent Sri S. Bharat Kumar continuously absented and since there was no assistance, this Court appointed Sri Kondasani Mallikarjuna Rao, who is an efficient Advocate and a retired judicial officer, as the Counsel to defend the accused and his remuneration shall be paid by the A.P. State Legal Services Authority, Hyderabad, as per the rules..

(3.) The case of the prosecution in brief is that on 15-1-1995 at about 18.00 hours when P.W. 1 was returning from the fields with a heap of grass, and when she reached the field of Medepalli Venkatasubbaiah, the accused pushed her down and when she raised cheek, kept his towel in her mouth and forcibly committed the sexual assault. The accused had also bitten on the cheek of P.W.1 and when the persons working in the nearby fields rushed to the spot, the accused ran away. Then P.W. 1 went to her house and informed the same to her parents. On the next day at 10.30 hours, P.W.1 and her mother went to the Police Station and reported the matter to the police and the police machinery was set into motion.