KOLLURI SUBBA RAO Vs. STATE

JUDGEMENT

(1.) In this statutory appeal under Section 374(2) of the Code of Criminal Procedure the sole accused in Sessions Case No.211 of 1997 on the file of the Sessions Judge, Mahila Court, Vijayawada is the appellant. He assails the validity of the judgment passed by the Court below in convicting him under Section 376 IPC and sentencing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,0007- in default of payment of fine to undergo simple imprisonment for a period of six months.

(2.) It is apposite to narrate a few facts that are necessary for the purpose of deciding this appeal which are as under:

(3.) The victim Patchigalla Nagarani aged about 15 years by the date of the incident was alone present in the house as her parents went to the house of P.W.6 on 28-6-1997 at about 8 p.m. It is at that time the accused came there, gagged her mouth and took her to a heap of manure and committed rape on her. She lost consciousness. Later P.W.4 came there and saw the accused running away and then he sprinkled water on P.W.I and when he enquired her, she informed him that the accused came there and committed rape on her in the manure of heap. Thereupon P.Ws.2 and 3 returned from the house of P.W.6, came to know about the incident through their daughter and then they went to the Police Station and lodged Ex.P.l report with the police. P.W.10 registered the case and informed about the same to P.W.12 who took up investigation, examined the P.W.1 and sent her to the Medical Officer for examination. He visited the scene of offence, prepared observation report in the presence of mediators and also prepared a rough sketch. He seized certain material objects on the same day. He arrested the accused and sent him to the Court for judicial custody. After receipt of wound certificate and after completion of investigation P. W.12 filed a charge-sheet.