JAKKA RAMACHANDRAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused challenging the order, dated 28.07.2006, passed by the Court of Special Sessions Judge for Trial of Cases under SCs and STs (P.O.A.) Act -cum -VII Additional District and Sessions Judge, Mahabubnagar, in Sessions Case No. 12 of 2005, whereby the appellant was convicted for the offence under Sec. 376 Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and also to pay fine of Rs.1,000/ - in default simple imprisonment for one month.

(2.) The case of the prosecution is that on 24.06.2004 evening while P.W.1 was returning home from her fields, on the way in the limits of Vallur village at about 19:00 hours near the fields of Arella Narsaiah, the accused came in opposite direction and asked her to sleep with him and offered to provide silver kadas to her hands and legs. When she refused and proceeding ahead, he caught hold of her saree and pushed her on the ground, removed his pancha and underwear, closed her mouth, threatened her and forcibly committed rape on her. Her right hand bangles were broken and she sustained scratch injuries to her hand. The victim caught hold of the shirt collar of the accused and dragged towards road. But the accused escaped from her clutches. She raised hue and cries. P. Chinna Hanmanthu came there on D.B. Cart from Vallur and he rescued her. Thereby, she reported the matter to police. On the said complaint, the Sub -Inspector of Police, Jadcherla registered a case in Crime No. 109 of 2004 for the offence punishable under Sec. 376 Penal Code and under Sec. 3(1)(xii) of S.C. and S.T. (P.O.A.) Act, 1989. The victim was sent for medical examination. After completion of investigation, charge sheet was filed.

(3.) To prove the case of the prosecution, P.Ws. 1 to 15 were examined and Exs.P1 to P15 and M.Os. 1 to 5 were marked. On behalf of the defence, no oral or documentary evidence was adduced.