KEERTHI SURYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused filed this appeal against the judgment dated 19-4-19% in SCNo.28 of 1996 on the file of the Assistant Sessions Judge, Pithapuram, East Godvari District in convicting the accused under Sections 417 and 376 IPC and sentencing him to undergo R.I. for 7 years and to pay a fine of Rs. 500/-, in default, to suffer SI for 3 months for the offence under Section 376 IPC, and further to undergo RI for 6 months for the offence under Section 417 IPC.

(2.) The charges against the accused are that on 18-9-1994 at about 12-45 midnight at Pithapuram near Sowgandhi Theatre, the accused committed rape on one Kesavarapu Suryavathi aged about 28 years of Gokiwada; and that the accused posed himself as Police Constable in mufti and brought her near Pithapuram Police Station and took her to a thatched hut and committed rape on her in that hut.

(3.) Brief facts of the case are that P.W.1 one Mr. Palepu Suri Babu and P.W. 2 the victim lady Kesavarapu Suryavathi are neighbours and residents of Gokivada; and P.W.1 treated P.W.2 as her brother by courtesy; and P.W.3 is related to P.W. 2. P.W. 2 went to her relatives' house at Pithapuram and went to Vijayalaxmi Hospital, Kakinada on that day of medical check up; and thereafter, she went to see movie in Venkateswra Theatre, where she met P.W.1; and both of them witnessed the movie; and P.Ws.1 and 2 again went to Sowganthi theatre to see another movie; P.W. 1 puthis cycle in the cycle stand. By that time, the movie was already started. They came to know another picture was projected at Pakshulamarri. They saw the picture State Rowdy there. After the picture was over, they returned back to Sowganthi Theatre and started going to relatives house. Then, the accused went there and threatened saying that he is a police constable and took them to the police station. The accused alone went into the police station and returned stating that the S.I. was not there. He threatened P.W.1 and took P.W.2 into a thatched house and had sexual intercourse forcibly with P.W. 2 without her consent and offered her Rs. 300/- saying that he is police constable and revealed his name as Kirthi Suryanarayana @ Suribabu, P.W.2 went out and told the fact to P.W.1.