GUNTUBOYINA GANGULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused was found guilty for the offence punishable under Section 376 of the Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 500.00, in default to undergo rigorous imprisonment for a period of one year, by Assistant Sessions Judge, Rajam.

(2.) On appeal also, the learned Sessions Judge, Srikakulam, confirmed the same, believing the evidence of the prosecutrix P.W. 1 mainly. Questioning the judgment of the learned Sessions Judge, the present criminal revision case is preferred.

(3.) The case of the prosecution is that on 7-11-1987 in the evening at about dusk time, while P.W. 1 (married lady) was returning to her parents house through Barikabanda alone, the accused came, stopped her, put a piece of cloth in her mouth, carried her to the bushes nearby, fell her down on the ground, caught hold of her legs and hands and forcibly had sexual intercourse, even though she is resisting. P.W. 2, who is the cousin of P.W. 1, happened to go that way in search of cattle observed the same. Then the accused ran away. P.W. 1 gave a report in Rajam Police Station and the same is registered as Crime No. 87 of 1987. Subsequently, the investigating officer investigated into the crime. In support of the case, the prosecution has examined in all P.Ws. 1 to 12 and got marked Exs. P1 to P10 and M.Os. 1 to 4. On behalf of the defence Exs. D1 to D5 and M.Os. 5 to 7 were marked.