BEECHANGARIPALLI SRINIVAS Vs. STATE OF A F

JUDGEMENT

(1.) The sole accused in SC.No. 270 of 1996 on the file of the II Additional Sessions Judge, Ranga Reddy District, is the appellant herein. He was tried for offences under Sees. 376 (g) and 342 IPC. The trial Court found him guilty of both the offences. For the offence under Section 376 (g), he was sentenced to undergo RI for 10 years and to pay a fine of Rs. l,000/- (as amended), in default to undergo simple imprisonment (SI) for 6 months. For the offence under Section 342, no separate punishment was ordered.

(2.) The case of the prosecution is briefly narrated as under:- P.W. 3 is the daughter of P.W. 1 and P.W. 2 is her stepmother. They were residing in Kukatpally Housing Board Colony, Hyderabad. They were acquainted with one Mr. Chandramouli (P.W. 4) whose house is in the same colony. ON 18-5-1995 in the afternoon, P.W. 1 sent P.W. 3 to Kirana shop to purchase rice and himself left for Secunderabad. When P.W. 3 was proceeding to the shop, two persons who were in the flat of P.W. 4, viz., accused and another person, called her to help them in preparing a curry. When P.W. 3 entered the house, the accused and another person bolted the door, gagged her mouth with cloth, tied her legs and hands and raped her till 4.00 p.m. They threatened P.W. 3 with dire consequences if she reveals the incident to any one. P.W. 3 went to her house and was lying on the bed and weeping. P.W. 2 asked her to tell the reason, but she pretended fever. She did not reveal anything. It is only after about 5 days that she revealed the incident. Soon thereafter, P.W. 1 submitted a complaint to the PS Kukatpally, P.W. 3 was sent for medical examination to Gandhi Hospital.

(3.) The prosecution recorded the statements of P.Ws. 1 to 3 as well as P.W. 4, who is the resident of the house where the incident took place. P.Ws. 5 and 6 are the Doctors, who examined P.W. 3. P.Ws. 7 and 8 are the Police officials related with the investigation. The prosecution examined P.Ws. 1 to 8 and marked Exs.P-1 to P-8. For the defence, Exs.D-1 to D-4 are marked. On a consideration of oral and documentary evidence before it, the trial Court punished the accused as indicated above.