CHEEMA RAMA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The appellant/accused is charged with the offence under Section 376(2)(f) IPC but was convicted under Section 376(2)(f) IPC read with Section 511 IPC and sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs.2000/-, in default to suffer simple imprisonment for one year, in SC No.360/96 on the file of Assistant Sessions Judge, Khammam.

(2.) Before further proceeding with the matter, it may be appropriate to have a look at the relevant provisions. Section 376(2)(f) IPC reads as hereunder :

(3.) The case of the prosecution is that on 26-2-1996 at 2 p.m., in Mujjugudem Village the appellant/accused committed rape on PW-2 who is aged about 10 years. PW-1 is the father and PW-3 is the mother of PW-2. PW-2 is, having a younger brother and sister who are twins. PW-1 works at Kiran Gas Agencies, Khammam and PW-3 attends to agricultural work. It is the version of the prosecution that the house of the appellant/accused is adjacent to the house of PW-1 to PW-3. On 26-2-1996 at about 2 p.m., when the parents of PW-2 were absent on their avocation and PW-2 was playing with her brother and sister, the appellant/accused called PW-2 to his house offering biscuits and chocolates and after PW-2 entered the house, the appellant/ accused closed the door, bolted inside, removed his clothes, fell on PW-2 removed her drawer, opened her jacket, inserted his penis into her vagina and committed rape and PW-2 who was unable to bear the pain raised cries. On hearing the cries of PW-2, PW-4, PW-6, Cheema Babu and Cheema Bharathi came and knocked at the door from outside and the accused got up from PW-2 and asked her to wear clothes and opened the door. PW-5, a farm servant of PW-1 to PW-3, also came there and the accused ran away. No doubt this Cheema Babu and Cheema Bharathi who are closely related to the appellant/accused were given up and they were not examined. PW-3 returned to the house at 4 p.m., and PW-2 narrated the incident to PW-3 with a weeping tone and PW-3 informed the same to PW-1, her husband through PW-5 and on intimation given by PW-5, PW-1 came the next morning and he had consulted his cousin PW-7 and after such consultation PW-1 lodged the complaint Ex.P-1. PW-11 registered Crime No. 15/96 and Ex.P15 is the report sent to the Magistrate and the Investigation Officer recorded the statements and PW-2, the victim/prosecutrix was examined. PW-10, the Doctor who had examined PW-2, deposed that there are no positive signs of rape. PW-9, another Doctor, was examined in relation to the potency test of the appellant/accused. The learned II Additional Judicial First Class Magistrate, Khammam had committed the matter PRC.No.53/96 and after committal the Court of Session made over the same to the Assistant Sessions Judge, Khammam and the learned Assistant Session Judge, Khammam on appreciation of evidence of PW-1 to PW-11 and Exs.Pl to P-7 and also Ex.D1, portion of Section 161 Cr.PC statement of PW-6, ultimately arrived at the conclusion that the appellant/accused is guilty of the offence under Section 376(2)(f) IPC read with Section 511 IPC.