GUMMALA RAMAMURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is field as against the judgment dated 22.11.1999 in Sessions Case No.89 of 1999 on the file of II Additional Assistant Sessions Judge, Warangal.

(2.) The accused was charged with the offence as specified hereunder: Firstly: That you on 20.04.1998 committed house trespass by entering into with intent to commit rape on Krishna Kumari thereby committed an offence punishable u/s. 448 of IPC and within my cognizance. Secondly: That you on 20.04.1998 committed criminal intimidation by threatening Krishna Kumari with injury to her person with intent to cause alarm to the said Krishna Kumari committed rape on her and thereby committed an offence punishable u/s 506 of IPC and within my cognizance. Thirdly: That your on 20.04.1998 committed rape on Krishna Kumari thereby committed an offence punishable u/s 376 of the I.P.C., and within my cognizance.

(3.) The version of the prosecution is that P.W.1 is having two sons and one daughter who are all below 10 years of age. The accused is the neighbour of P.W.1. P.W.1 and his wife P.W.3 used to attend their agricultural coolie work. On 20.04.1998, they left for collie work in the early hours by keeping their minor daughter P.W.2 at home along with their son. When the son went out to play, the accused criminally trespassed into the house of P.W.1 and the accused caught hold of the victim girl and forcibly took her into the house under threat and raped her barbarously. Due to the unbearable pain and oozing of blood from her vegina, the victim raised hue and cries. On hearing hue and cries of the victim-girl, P.W.4, P.W.5 and P.W.10 came there. P.W.10 removed the clothes of P.W.2 and gave her bath and washed the blood stains on her vegina. Thereafter, P.W.1 lodged a complaint with the police. The victim girl was sent to the hospital for examination. On 24.04.1998, the accused was arrested by the police and he was sent for medical examination about his potentiality test. Injuries were found on the private parts such as anus and vegina, and the doctor opined that there was rape committed on the victim girl.