STATE Vs. JONNALAGADDA NARAYANA

JUDGEMENT

(1.) THIS is suo motu revision entertained by the High Court against the acquittal of the accused, namely, Jonnalagadda Narayana and Jonnalagadda Krishna of the offence under Section 376 against A-1 and Section 376 I.P.C. read with Section 109 I.P.C. against A-2.

(2.) THE case of the prosecution is that on 15-4-1990 the victim girl and her two meternal aunts P.Ws.3 and 4 and her elder sister Bharathamma went to Srinivas Talkies at Sathupally, to watch a first show movie 'Bharatanari' and while they were returning, P.W.3 has asked the victim girl to purchasecigars and chocolates from a shop and when she went to fetch the same, A-1 caught hold of her and gagging her mouth, forcibly took her to bushes in the vacant land of one Kothuri Narasimha Rao situated behind the Srinivas Talkies and that A-2 accompanied him till that place, but returned back. It is the case of the prosecution that A-1 forcibly laid her on the ground and raped her, even after the victim exerted resistence. During her resistence, one rupee coin, one leg chain and one ordinary ear-ring fell down at the spot. A-1 detained her and raped her two more times. When the victim girl did not return on time, P.Ws.3 and 4 and Bharathamma searched for her and informed to her father. THE victim girl was left at 4 a.m. THEreafter the victim had narrated the incident to her parents and the above witnesses and a complaint was lodged on 16-4-1990. THE accused were arrested on 27-4-1990 and were remanded. On the confession of A-l, a lungi worn by him was recovered under Panchanama. He was also subjected to medical examination. THE lady Medical Officer, P.W.6 has examined the victim girl and issued medical certificate, Ex.P-4. She found injuries on the lips and breasts of the victim girl and also seminal stains on her petty coat. On forensic examination, itwas reported that no seminal stains or blood stains were there on the clothes. After trial, the Court of Magistrate has recorded a finding