KOMMUVENKATRATNAM Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal by the accused against the judgment dated 1-10-1992 in S.C.No. 6 of 1992 passed by the Special Sessions Judge, Chittoor, convicting and sentencing him for the offences punishable under Section 376 of Indian Penal Code read with Section 3(2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and under Section376of Indian Penal Code to undergo seven years rigorous imprisonment and to pay a fine of Rs. 100/- on each count.

(2.) The case of prosecution in brief is that the victim; P.W.I and the accused were residents of vellamaddi village within the limits of Nallamada Police Station. P.W.5, a village servant, is the husband of P.W.I P.W.I had three children aged 3 to 8 years by the date of alleged offences. P.W.I belongs to scheduled caste and the accused belongs to Balija community, which is not a scheduled caste or tribe. On 25-8-1988 at about 11 a.m. P.W.I went to her field where there was standing ragi crop to fetch grass for the cattle. She had sickle with her. She was sitting on the bund and cutting the grass. Her dog was also with her. She heard barking of her dog, but did not care to find out the reason for it. Within a short time, she was caught from behind and thrown down. She got up and noticed the assailant-accused. The accused caught hold of the upper portion of her saree with his left hand and her neck with his right hand and again Craevj her down. He also snatched the Sickle from her hand and threw it away. When she tried to raise cries, he gagged her mouth with a portion of her saree. The accused undressed her and also himself and committed rape on her. After committing rape, the accused went away threatening her that the disclosure of incident to any one would result in her death. Thereafter, she adjusted her dress and returned home with the sickle. She informed P.W.2, her aunt about the incident. On suggestion, P.W.2 and the victim visited the scene of offence to find out whether the accused was there or at his field. They did not notice the accused and returned home. On their way, they met P.Ws. 3 and 4. P.W.2 told them about the incident. P.Ws, 3 and 4 suggested to await the arrival of P.W.5 for appropriate action. Her husband returned home on the next day at about 11 a.m. Shetold P.W.5 about the incident. She and P.W.5 went to Nallamada Police Station at about 1p.m. She got Ex.P-1 report drafted and gave it to P.W.8, Head Constable, at about 5 p.m. P.W.8 registered a case in Crime No. 61 of 1988 under Section 376 of Indian Penal Code and issued Ex.P-6 FIR. P.W.11, S.I. of Police, who was away, returned to the Police Station and took up investigation of this case from P.W.8. He examined P.Ws. 1 and 5 and seized M.Os. 1 to 3 - jacket, langa and saree, respectively - from P.W.I under Ex.P-9 panchnama. He sent P.W.I to the Government Hospital, Kadiri, for medical examination with a requisition through a police constable. On the next day, P.W.I returned to the village. P.W.11 al ong with the victim and panchas visited the field of the victim and observed the place of offence and prepared Ex.P-4 panchnama for seizure of M.O.4 at the scene of offence. On 8-9-1988, the accused was arrested and M.Os. 5 to 7 - lungi, drawer and short, respectively - of the accused were seized under Ex.P-5 panchnama.

(3.) After the investigation and enquiry, the accused was tried for the charges framed under Section 376 of Indian Penal Code read with Section 3(2) (v) of S.C and S.T. (Prevention of Atrocities) Act, and Section 376 of IPC. The plea of accused was one of denial and the defence was that the case was foisted against him due to animosity. The trial Court after considering the evidence on record convicted and sentenced the accused as detailed earlier. The accused-appellant in this appeal has challenged the said convictions and sentences passed against him.