BEECHANGARIPALLI SRINIVAS Vs. STATE OF A P

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 Sections 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 rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/-, 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:-

(3.) PW3 is the daughter of PW.1 .and P.W.2 is her stepmother. They were residing in Kukatpally Housing Board Colony, Hyderabad. They were acquainted with one Mr.Chandramouli (PW.4) whose house is in the same colony. On 18-5-1995 in the afternoon, PW.1 sent PW.3 to Kirana shop to purchase rice and himself left for Secunderabad. When PW.3 was proceeding to the shop, two persons who were in the flat of PW.4, viz., accused and another person, called her to help them in preparing a curry. When PW.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 PW.3 with dire consequences if she reveals the incident to any one. PW.3 went to her house and was lying on the bed and weeping. PW.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, PW.1 submitted a complaint to the Police Station, Kukatpally. PW.3 was sent for medical examination to Gandhi Hospital.