CHINNAKONDU KONDAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Chinnakondu Kondaiah, the sole accused in Sessions Case No.50 of 1995 on the file of Assistant Sessions Judge, Rayachoty is the appellant. The appellant-accused was convicted by the learned Assistant Sessions Judge, Rayachoty under Section 376 of the Indian Penal Code (IPC) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,000/- in default, to undergo rigorous imprisonment for a period of one month.

(2.) Facts in brief, are as follows: The date of incident is 1-8-1993 at about 11.45 a.m. It is stated that the appellant-accused committed rape on P. Adilakshumamma (PW2), who was the daughter of P.Pullaiah (PW1) in the fields of Palam Burujupalli near Maddela Chenu Mango Garden on the aforesaid date and time. The de facto-complainant Pullaiah (PW1) and the accused are residents of Palam Burujupalli, Hamlet of B.Yerragudi Village and P.W.2 Adilakshumamma is the daughter of PW1 aged about 15 years. The accused is the brother of PW1 by courtesy. It is also the case of the prosecution that on 1-8-1993 in the morning at 11.45 a.m., while Adilakshumamma was returning to her house from the field after giving food to her father and when she reached Maddela Chenu Mango Garden on the out skirts of Palam Burujupalli, the accused suddenly came from his garden, stopped her and insisted her to come aside to have sexual intercourse, for which it is stated that she had refused stating that she is his daughter by courtesy. Then, the accused lifted her forcibly, carried to behind Gunnagi small bushes, made her laid down and came upon her body after lifting langa and thus, had forcible sexual intercourse with her. P.W.2 raised cries and then the accused left the said place. P.W.2 then proceeded to her house and informed about the same to her mother P.W.3. On the same day at about 6.00 or 7.00 p.m., P.W.I father of P.W.2 had taken his daughter to the Police Station. P.W.I gave Ex.P-1-report to P.W.8, Sub-Inspector of Police, Lakkireddipalli Police Station and the same was registered as Crime No.24 of 1993 under Section 376 read with Section 511 of I.P.C. Ex.P-7 is the original F.I.R. sent to the Court on the same day. P.W.8 examined P.Ws.l and 2 and recorded their statements. At 10.15 p.m. P.W.8 seized M.O.I petticoat and M.O.2 langa from PW.2 under the cover of mediator panchanama Ex.P.2 and at 10.30 p.m., he sent P.W.2 to a Government Hospital with a requisition for her examination. P.W.8 Sub-Inspector of Police visited Palam Burujupalli at 12 midnight and recorded statement of P.W.3-mother of P.W.2 and visited the scene of offence on the next day i.e., 2-9-1993 at 6.30 a.m. along with P.W.1 and prepared Ex.P-8-rough sketch of the scene of offence and also prepared observation Mahazar-Ex.P-3. On 2-8-1993 at 9.00 a,m., P.W.6-Medical Officer, Government Hospital examined P.W.2 and issued wound certificate Ex.P-4. P.W.6 received Ex.P-5 Forensic Science Laboratory report from Hyderabad. Basing on the report given by the radiologist, P.W.6 came to the conclusion that the girl is aged about 14 to 17 years. On 26-2-1994 at about 8.00 a.m. P.W.9- Circle Inspector of Police, Lakkireddipalli received a copy of express F.I.R. and he had taken up investigation and he examined P.Ws.l to 3 and recorded their statements. The accused was arrested on 22-8-1993 by P.W.8. After completing the investigation, P.W.9-Circle Inspector of Police filed the charge-sheet.

(3.) The prosecution had examined P.Ws.l to 9 and got marked Exs.P-1 to P-8 and MOs.1 and 2 to prove the guilt of the accused. P.W.4 was declared hostile. On behalf of the defence D.Ws.l and 2 were examined. The learned Assistant Sessions Judge, Rayachoty on appreciation of the evidence available on record, had arrived at a conclusion that the prosecution was able to establish the guilt of the accused beyond all reasonable doubt and convicted him under Section 376 I.P.C.