BATTINA DHARMA RAO Vs. STATE

JUDGEMENT

(1.) Heard Sri A. Ravi Sankar, the learned Counsel, representing appellant and the learned Additional Public Prosecutor.

(2.) The sole accused in Sessions Case No.161 of 1993, on the file of the Assistant Sessions Judge, Sompeta had preferred the present criminal appeal.

(3.) The case of the prosecution, in brief, is that on 21.2.1993 at 5.30 p.m., when P.W.1- Sangaru Papamma was returning from the 'coconut tope' of her brother and going to her village, on the way, the accused with an intention to commit rape on her, taking the advantage that she alone was returning through that way, forcibly caught her, threw her on the ground and when he tried to remove her saree, she raised alarming cry and the accused grew wild and gave a blow with his long handle knife on her right upper arm, causing severe bleeding injury to P.W.1 and on receiving said injury she fell unconscious. On hearing the cries of P.W.1, P.Ws.2 to P.W.4 and others came there and witnessed the incident and found P.W.1 having lost consciousness and accused went away from the scene of offence. Then, P.W.1 was taken to Government Hospital, Palasa. P.W.1 gave report to the police, Vajrapukotturu and the same was registered as Crime No.10 of 1993 and subsequently, the Sub-Inspector of Police after completing the investigation and after filing charge-sheet, the Judicial Magistrate of First Class, Palasa had taken the case on his file, under Section 376 read with 511 IPC and committed the matter to the Court of Sessions, Srikakulam, which was made over to the learned Assistant Sessions Judge, Sompeta.