NARRA PEDDI RAJU Vs. STATE OF A P

JUDGEMENT

(1.) The appellant/accused was convicted by the lower Court of the offence under Section 376 IPC and was sentenced to rigorous imprisonment of 10 years and fine of Rs. 5,000. Questioning the same, the accused filed this appeal.

(2.) It is the prosecution case that on 4.12.2000 at 17.30 hours when PW1 was returning to her house after attending coolie work and when she reached Samanakuntla Vorrey, the accused committed rape on her inspite she raising cries. Plea of the accused is one of total denial and not guilty. After trial, the lower Court found him guilty of the charge.

(3.) During trial in the lower Court, the pros-ecutrix/victim woman was examined as PW1. There are no eyewitnesses to the occurrence. Immediately after the offence, PW1 is stated to have returned to the house and informed the same to her husband PW2. PWs 1 and 2 went to Siricilla police station on the same day at 9.00 p.m. and gave Ex.P1 report to PW10 who was the then Sub-Inspector of Police in that police station. PW10 received Ex.Pl and registered the same and issued Ex.P8 F.I.R. PW9 is the then Inspector of Police. Siricilla Circle who took up investigation in the case. He sent PW1 to Government Hospital, Karimnagar for examination and report. PW7 is the Civil Assistant Surgeon, Government Head Quarters Hospital. Karimnagar who examined PW1 on 5.12.2000 at 7.00 p.m. and issued Ex. P5 certificate. After receiving Ex.P4 F.S.L report, she gave Ex.P6 final opinion certificate. PW9 arrested the accused on 8.12.2000 at 4.00 p.m. On the same day the accused was sent to Government Hospital, Siricilla where PW8 who is the Civil Assistant Surgeon examined the accused for potency test and gave Ex. P7 certificate opining that the accused is capable of performing sexual intercourse. During investigation, PW9 observed the scene of offence in the presence of mediators PWs 3 and 4 under the cover of Ex.P3 scene of offence observation report.