KALASIKA PRASHANTA KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Public Prosecutor. These are two appeals, one directly filed by the accused and one has been filed on his behalf through Legal Services Authority against same judgment. Against judgment of 1st Addl. Sessions Judge, Nalgonda, D/- 27-9-2001. Therefore, both the appeals are being decided by this common judgment.

(2.) The accused was charged with an offence under Section 376 (2)(f) of I.P.C. and Section 3{2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989. He pleaded not guilty and was tried. Prosecution examined 16 witnesses and exhibited 16 documents. The trial Court convicted him under both the charges and sentenced him to undergo life imprisonment and to pay a fine of Rs. 200/-, in default he had to undergo simple imprisonment for one month for the offence u/S. 3(2){v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989 and rigorous imprisonment for ten years and to pay a fine of Rs. 1.000.00, in default he had to undergo simple imprisonment for three months for the offence u/S. 376(2)(f) of I.P.C.

(3.) The case of the prosecution was that the accused, on 7-11-2000 at about 2.00 P.M., took the victim i.e., P.W. 2, a minor girl, on a scooter to a distant place and committed rape on her. The victim was taken on the promise that he would give her some chocolates and biscuits. The victim was a member of scheduled caste. A report was filed by her mother on the same day on which the occurrence took place. The victim was examined by the doctor on the same day i.e. 7-11-2000 at 8.05 P.M. We have gone through the evidence of the prosecution and record. In view of the evidence of the victim girl which was corroborated by the medical evidence, we do not find that there is any defence with which the accused could come out of the offence u/S. 376(2)(f), I.P.C.