PUBLIC PROSECUTOR Vs. KANAMONI RAMULU

JUDGEMENT

(1.) (Criminal Appeal under Section 378 (3) & (1) Cr.P.C. against the Judgment dated 18/11/1998 in S.C.No.370 of 1995 on the file of the Court of the Assistant Sessions Judge, Nagarkurnool) State preferred this appeal, aggrieved by the acquittal recorded by the learned Assistant Sessions Judge, Nagarkurnool in Sessions Case No.370 of 1995 by his judgment dated 18.11.1998.

(2.) Respondent herein accused was charged with Sections- 366, 376, 392 and 306 I.P.C. The Judicial Magistrate of First Class, Kollapur had taken the same as P.R.C.No.23 of 1995 and committed to the court of Session, Mahaboobnagar who had made over as S.C.370 of 1995 to the Asst. Sessions Judge, Nagarkurnool. The learned Judge recorded the evidence of PWs.1 to 13 and marked Exs.P.1 and P.12 and also Exs.D.1 to D.5 and also marked M.O.1 and ultimately recorded the acquittal.

(3.) The learned Additional Public Prosecutor Osman Shaheed placed strong reliance on the evidence of PW.1 and would contend that the deceased Hymavathi had stated to PW.1 that she was kidnapped on 7.11.1993 by the accused, when she was waiting for bus near girls High School at Wanaparthy by inducing her and took her to Ganesh Lodge, Mahaboobnaagar, raped her and brought back her to village and threatened her not to disclose with anybody, and having disgusted wither life poured kerosene on her body and set fire herself to commit suicide. The learned A.P.P. would contend that the evidence of PW.1 is so clear and categorical and he is V.A.O. who is disinterested and hence the evidence of PW.1 to whom it is said that the dying declaration was made by the deceased definitely can be relied upon. The learned A.P.P. also would contend that apart from this aspect of the matter, there is another crucial aspect M.O.1 pusthala thadu of gold. PW.12 C.I of police and PW.10 had deposed about the seizure of M.O.1 from the accused and in view of the recovery, the evidence of PW.1 is well corroborated especially in the absence of any explanation from the side of the accused in this regard. The mere fact that certain witnesses were declared hostile would be of no consequence.