JEENU KUNTA VARDHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant herein was tried for the offence under Section 376 of the Indian Penal Code in Sessions Case No.18 of 1999 on the file of the Assistant Sessions Judge, Vikarabad, Rangareddy district. The learned Assistant Sessions Judge by his judgment dated 28-11-2002 convicted him for the said offence and sentenced to undergo rigorous imprisonment for a period of 8 years and to pay a fine of Rs.1000/- and in default to undergo simple imprisonment for six months. Hence this appeal.

(2.) The case as presented by the prosecution was that the accused and PW. 1 were in love with each other. Some differences arose between them thereafter. On 30.10.1997 her father (PW.2) and her mother went to the fields for working and PW. 1 was alone in the house. At about 1-45 p.m. when she was sitting infront of her house, the accused came there and asked her as to why she was not talking to him. Thereafter, he held her tuft of hair, dragged her inside the house and committed rape on her. PW.1 raised hue and cry. Then the accused ran away. PW.4, who is the son of her uncle PW.3, came there within five minutes and she revealed the matter to him. At about 7 p.m., her parents came and she revealed the matter to them also. The incident later on was informed to PW.3 and a caste elder PW.6, who in turn took the same to the Sarpanch of the village. It was only the next day i.e., on 31.10.1997 the Sarpanch had informed PW.2 and his wife that his efforts are not yielding any result and they may report the matter to the police. It was in this context Ex.P1 complaint came to be made on 2.11.1997.

(3.) On receipt of the complaint, the Investigating Officer PW.8 sent PW.l for medical examination. PW.1 was examined by PW.9 and the medical certificate being Ex.P8 was issued. Investigation was conducted and ultimately charge-sheet was filed. To prove its case, the prosecution examined PWs.1 to 9 and marked Ex.P-1 to Ex.P-8 and M.Os. 1 to 3. For the defence Ex.D-1 to Ex-D9 were marked.