DEVALLA RAGHAVULU Vs. STATE OF A P

JUDGEMENT

(1.) Heard the Counsel.

(2.) The Appellant-accused preferred the present appeal aggrieved by the judgment dated 08-07-1999 in Sessions Case No. 353 of 1996 on the file of the Assistant Sessions Judge, Kavali. Wherein he was convicted for an offence under Section 376(2) (f) IPC and sentenced to undergo Rigorous Imprisonment for a period of ten years and also to pay a fine of Rs. 150/- in default, to undergo Simple Imprisonment for one year.

(3.) The case of the prosecution is that the accused is a resident of Musunur Village. L.W. 1-Vallepu Sarojanamma is also a resident of Musunur village, L.W. 2 by the name Vallepu Ramanamma (herein after called as victim girl) is the daughter of L.W. 1. The victim-girl is a dumb girl and aged about 11 years and as such she is a minor. On 18-06-1996 at about 1.50 p.m. while victim girl was returning to her house after attending calls of nature, the accused cast his evil eye on her and intended to satisfy his lust. With the same evil intention the accused took her to his house by catching hold of her hand. L.W. 3 and 4 by names Pallapu Dhanamma and Devalla Malakondaiah respectively noticed the accused taking away the victim girl towards his house. On 18-06-1996 at 1.00 p.m, the accused committed rape against the victim girl after laying her on a cot in his house. Due to sexual assault, the victim girl sustained lacerated injury on her vagina wall and there was heavy bleeding from her vagina. As a result of which the skirt of the victim girl stained with blood. The shirt worn by accused, his towel and one blanket also with blood stained. Some blood drops also fell on the ground in front of the house of the accused. Later the victim girl went to her house. L.W. 1 learnt about the offence through L.W. 2 went to the house of accused and questioned the him about the offence. She also noticed blood stains on his shirt. L.W. 4 also accompanied L.W. 1 to the house of accused. L.W. 1 gave report to Kavali Rural Police on the same day at 5.00 p.m. and the same was registered as a case in Crime No. 82 of 1996 under Section 376(2) (f) IPC by L.W. 16 (N. Ramanaiah, H.C. 1167), L.W. 17 (B. Vasudeva Reddy) Inspector of Police) investigated the case. During the course of investigation, the victim girl pointed out the scene of offence to L.W. 17. On 19-07-1996 at 7.00 a.m., he inspected the scene of offence in the presence of mediators and seized blood stained shirt and towel and blanket of the accused under cover of mahazar. The blood stained clothes were observed by the Medical Officer for the purpose of Chemical Examination. L.W. 14 (Dr. C. Indiramma, W.A.S.) opined that L.W. 2 was subjected to inter-course. On 30-08-1996, L.W. 17 arrested the accused. L.W. 15-Medical Officer examined the accused and issued certificate. Thus - the accused is liable for punishment under Section 376(2) (f) IPC.