LAWS(APH)-2015-6-16

CHENCHAIAGARI SANKARAIAH Vs. STATE OF A P

Decided On June 02, 2015
Chenchaiagari Sankaraiah Appellant
V/S
STATE OF A P Respondents

JUDGEMENT

(1.) THIS Criminal Appeal is filed challenging the judgment dt.08 -09 -2005 in S.C.No.1 of 2005 of the Special Sessions Judge for Trial of Offences under S.Cs. and S.Ts. (POA) Act, Kadapa convicting the appellant herein under Sections 366 -A and 376 (2) (g) IPC but acquitting him for the offence under Section 3 (1) (xi) of S.Cs. and S.Ts. (POA) Act, 1989.

(2.) THE case of the prosecution is that P.W.1 is the daughter of P.Ws.2 and 3. She is partially dumb and mentally insane and can pronounce only the words "akka akka" "anna anna". P.W.2 is living by doing hamali work in a solvent factory. P.W.3, the wife of P.W.2, and P.W.1 are working as coolies in a cotton mill. While so on 10 -01 -2000, P.W.2 was at his house as there was no work. P.W.3 and P.W.1 left their house around 6 a.m. to Ganesh Mill for coolie work. Around 11.30 a.m. P.W.3 alone returned to the house, had meals and again went to the mill at 11.45 a.m. While she was returning back, P.W.1 came in opposite direction. P.W.2 instructed P.W.1 to take lunch and return to the said mill. It is alleged that at about 11.50 a.m. while P.W.1 was about to reach her house, A -1 and A -2 came in an auto, caught hold of P.W.1 forcibly, dragged her into the auto and took her towards Gopavaram side. P.W.4, who was proceeding to her house near polytechnic college at Korrapadu road, witnessed the same. Meanwhile, P.W.1 cried 'akka akka'. It is alleged by the prosecution that P.W.4 tried to stop auto but in vain and the auto went in high speed towards Gopavaram side. Immediately P.W.4 informed the same to P.W.2. P.W.2 and P.W.11 went to trace P.W.1. P.Ws.7 and 5 also proceeded on a scooter for tracing P.W.1. At about 1 p.m., while P.Ws.1 and 2 were in search of P.W.1 at Bhagatsingh Colony, it is alleged that the accused brought P.W.1 in the said auto from Gopavaram side, dropped her at Bhagatsingh colony and went away in the auto . When P.W.2 and P.W.11 tried to catch the accused,it is alleged that they escaped in the said auto speedily towards Proddatur side. Meanwhile, P.Ws.7 and 5 also reached there and chased the auto on their scooter. They were able to stop the auto near III Town police station, Proddatur. It is alleged that the accused abandoned the auto and escaped. P.Ws.3 and 11 took the victim to III Town Police Station. They were instructed to report the matter to the Rural Police Station. As the victim was partially dumb and mentally unsound, P.W.3 being natural guardian, informed the same to the Assistant Sub -Inspector who recorded his statement and transferred the same to Proddatur II Town Police Station on the point of jurisdiction.

(3.) DURING investigation, A -1 was arrested on 30 -01 - 2000 at YMR colony, Proddatur and A -2 was arrested on 13 -02 - 2000 at Vijaya Kumar Junction, Proddatur. The case was taken on file under Sections 366, 376 (2) (g) read with Section 34 IPC and Section 3 (1) (xi) of S.Cs. and S.Ts. (POA) Act, Kadapa against the accused by the First Additional Judicial First Class Magistrate, Proddatur.