NAIKAVENKATI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant/accused was convicted of the offence under Section 376(2)(f) IPC by the Assistant Sessions Judge, Kamareddy, by judgment dated 13-08-2004 in Sessions Case No. 246 of 2001 and was sentenced to rigorous imprisonment for ten years and fine of Rs. 5,000/- out of which Rs. 4,000/- was ordered to be paid to the victim (PW-3) as compensation. Questioning the same, the accused filed this appeal.

(2.) It is alleged that on 26-08-2000 at 4.00 p.m. the accused committed rape on minor girl PW-3 aged seven years at Anthampally village. Plea of the accused is one of total denial and not guilty. After trial, the lower Court found the accused guilty of the charge.

(3.) PWs. 1 and 2 are parents of the victim girl PW-3. Prior to the offence, PW-3 was playing with PWs. 5 and 6. It is alleged that the accused went there at about 4.00 p.m., gave Rs. 2/- to PW-5 and asked him to go and bring chocolates and that PW-5 went to PW-4's shop and purchased 4 chocolates and returned and that accused distributed the chocolates to PWs. 3, 5, 6 and another boy Venkati and kept PWs. 5, 6 and Venkati in a room and bolted it outside and thereafter committed rape on PW-3 by laying her on a wooden cot. The said version was spoken to by PWs. 3, 4 and 5. Since PWs. 4 and 5 were kept in a room and which was bolted from outside, they were not eyewitnesses to the occurrence. After the offence, when PW-3 was weeping, the children questioned her and PW-3 is stated to have narrated the incident to them. The house where the offence took place is by the side of house of PW-3 separate by a road. Parents of the victim namely PWs. 1 and 2 were not in the house at the time of offence. PW-1 was working as Village Servant. PW-2 went to agricultural fields on coolie work. When PW-2 returned to the house and enquired PW-3 as to why she was weeping, PW-3 narrated the incident to her and it was again reported by both of them to PW-1 after he returned to house on the same night.