TANGIRALA VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal by A-1 and A-2 in S. C. No. 529 of 1995 on the file of the Assistant Sessions Judge, Markaput. They were tried for offence under Section 376(2)(g) of I.P.C. The trial Court found them guilty of the same and on conviction sentenced them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 200/- each, in default to undergo simple imprisonment for six months.

(2.) The case of the prosecution was that PW-1 is resident of Sunkesula village of Prakasham District. She was married to one Mr. Rangaiah. Having been deserted, she is residing with her mother. On 8-5-1991, she came to the village Gottipadia, where her sister-in-law PW-2, was residing. On her return journey to her village by walk, at 4.00 p.m. after she crossed some distance, A-1 came from behind and after questioning as to where she was going, caught hold of her. He physically lifted her and took to his Chini garden and laid under a tree of drumstick. There A-1 and A-2 are said to have committed rape on her.

(3.) She was alleged to have been dragged to the road by the accused themselves and PW-3 who was passing through the road has noticed her. On being told by PW-1 of the incident, PW-3 has admonished the accused and had told their names to PW-1. PW-3 took her to the house of PW-2 and on the next day a complaint was submitted to the police. PW-1 was also sent for medical examination carried on by PW-4