STATE OF A P Vs. THUMMA MURALI

JUDGEMENT

(1.) PRESENT Criminal Appeal has been preferred by the State by invoking the provision under Section 378 (3) & (1) of the Code of Criminal Procedure challenging the judgment dated 02.08.2010 rendered in S.C.No.359 of 2009 by the Assistant Sessions Judge, Gudivada, whereby the respondent -accused was acquitted for an offence punishable under Section 376 of Indian Penal Code (in short 'I.P.C.')

(2.) HEARD . Perused the entire material on record.

(3.) BRIEF facts of the case are that the respondent -accused dragged P.W.1 victim lady from a train and committed rape upon her nearby the railway track. The said incident was witnessed by PWs 2 and 3 and on seeing their arrival the accused fled away from the place of occurrence. On the next day of lodging of complaint, accused was arrested by Police and he was sent for medical examination. P.W.1 -prosecutrix was also sent for medical examination. After completion of investigation and receiving necessary medical certificates, Police filed charge sheet for an offence punishable under Section 376 I.P.C.