PARISA RAMBABU Vs. STATE OF A P

JUDGEMENT

(1.) A-1 and A-2 in S.C.No.461 of 20002 on the file of the V Additional Sessions Judge, Guntur, preferred the present Appeal. They were charged for the offence under Sections 376 (2) (f) and 376 (2) (f) read with 34 of I.P.C. respectively. The accused denied the charges and claimed for trial.

(2.) The case of the prosecution leading to the conviction of the appellants is briefly as follows:- The victim girl and the accused are the residents of Ilavaram village. The victim girl by name Kanaka Durga was the daughter of PW-1. She was aged about 10 years and studying sixth class. On 23-01-2002 at about noon time, the victim girl went to purchase eatables for 50 Ps. given by PW-1 and she was going in front of A-l's house. A-l took her inside his house on the pretext of giving Marie Gold flowers. At that time, A-2 was in the company of A-l waited outtside the house. A-l, after taking the girl into the house, laid her on a cot and committed rape on her. The girl returned to her house by weeping and bleeding from vagina. She complained to PW-1 of the pain In the stomach. PW-1 went to . PW-2 and informed him. She discussed this matter with her relatives and presented Ex.P-1 report to the police at 6-30 PM. The police registered a crime under Section 376 (2) (f) of I.P.C. and issued FIR to all the concerned. The victim was sent to the Government hospital at Repalle for medical examination. One Dr. K. Swarajyalakshmi examined the victim girl at 10-00 PM and issued wound certificate under Ex.P-6. She qpined that there was an attempt to commit rape. The Inspector off Police reached the Government Hospital, Repalle and recorded the statements of PWs.1 to 3. On the next day, he went to Ilawaram and examined PW-4, who alleged to have seen A-l taking the victim girl into the house. The Inspector later visited the house of A-l and A-2 and found them absent. On 25-01-2002, the bloodstained clothes of the girl were collected. On 27-01-2002, the Inspector of Police arrested A-l and A-2 and sent them for remand after getting A-1 examined on his potency. After completion of the investigation, the police laid the charge sheet.

(3.) The prosecution, in order to prove the guilt of the accused, examined PWs.l to 10 and marked Exs.P-1 to P-11 and M.Os.1 to 8. No oral or documentary evidence was adduced on defence side. After completion of the trial, the lower court found A-l guilty of the offence under Section 376 (2) (f) of I.P.C. and accordingly, convicted him and sentenced to undergo imprisonment for life and also to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for four years. A-2 was also convicted for the offence under Section 376 (2) (f) read with 34 of I.P.C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for four years. The accused, being aggrieved by Judgment of the Sessions Court, dated 15-10-2004, preferred the present Appeal challenging its validity and legality.