BAIRAPPOLLA BALAKRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) Counsel representing the appellant-accused and Additional Public Prosecutor Sri Mohd. Osman Shaheed.

(2.) The appellant-accused preferred the present criminal appeal as against the Judgment in Sessions Case No.16 of 2000 on the file of the Special Judge-cum-I Additional Sessions Judge, Chittoor.

(3.) The case of the prosecution, in brief, is that: P.W.1 and the accused are residents of Pedda Garigapalle and P.W.1 is a Dalit belonging to Madiga caste falling under the Scheduled Caste and her date of birth as per the school records is 25.5.1983. The accused is a Balija by caste. P.W.2 is the mother of P.W.1 and P.W.3 is the younger brother of P.W.1. P.W.1s father is working as watchman in Software at Koramangala in Bangalore City. P.W.2 used to go to coolly work in the surrounding villages leaving P.W.1 alone in the house. P.W.3 was studying 3rd class in a School situated at Garigapalle. On 27.9.1999, the accused trespassed into the house of P.W.1 while she was alone, closed the doors, caught hold of her and committed rape on her, making her to believe that he would marry her. P.W.1 believed the version of the accused. The illicit intimacy was continued, as a result of which, P.W.1 became pregnant and the same was informed to the mother of the accused by name Lakshmamma, who promised that she would settle the issue. The accused also wrote letters to P.W.1 to promising that he would marry her. Two months prior to 27.9.1999, the accused took away all the letters written to P.W.1 forcibly, destroyed them and also refused to marry her. Then, P.W.1 informed the same to her parents and P.W.4-Krishnappa of their village questioned the accused and he admitted the illicit intimacy with P.W.1, but refused to marry her. Then, the matter was brought to the notice of P.W.6, P.W.7, one Shankar (LW.8) and some others and they in turn convened a panchayat, but the accused failed to attend the same. Thus, the accused cheated P.W.1. On the complaint given by P.W.1, a case in crime No.54 of 1999 on the file of Ramakuppam police station had been registered and the same was taken on file as PRC No.17 of 1999 on the file of the Judicial First Class Magistrate, Palamaner and the learned Magistrate committed the same to the Court of Session and the Sessions Case No.16 of 2000 was made over to the Special Judge-cum-I Additional Sessions Judge, Chittoor.