MOHD TAHSEEN Vs. STATE OF AP

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused aggrieved by the judgment dated 24.08.2001 passedl by the learned Special Judge for the trial of offences under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act-cum-Vl' Additional Metropolitan Sessions Judge, Secunderabad, in Sessions Case No.242 of 2000, by which the court below convicted the appellant for the offence punishable under Section 376 of the Indian Penal Code (for short "IPC') and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for a period of one month.

(2.) The case of the prosecution, succinctly, is that the appellant is the brother-in-law of the victim, by name Smt.Nasreen Siddique alias Bilqees, who was examined as P.W.I. The husband of P.W.I was employed in Dubai as on the date of the offence, therefore, P.W.I was residing in her matrimonial house with her in-laws. P.W.I had four male children and the appellant also had two male and two female children. The appellant was eking out his livelihood by running an auto rickshaw. be that as it may, on 26.09.1999 at about 5.30 P.M., the appellant came to the house and by that time his mother and sister were not in the house. later, he sent his children and the children of IP.W.l out of the house on the ground that he wants to sleep and there should not be any disturbance. After the children went out, the appellant locked the gate. Taking advantage of the loneliness in the house, while P.W.1 was sitting in the verandah, the appellant; came from her behind, caught hold of her and forcibly took her in to the room. When P.W.I resisted, he beat her on the left side of her head and threatened that he would further beat her if she makes hue and cry. Thereafter, he removed her clothes and also his clothes and committed rape on her and later left the room. In the meanwhile, the mother-in-law and sister-in-law of P.W.I returned home. She narrated the incident to them and expressed her desire to go to her parents' house. However, they requested her to excuse the appellant and not to reveal the same to any other person. P.W.I left for her parents' house on the same night. On 28.09.1999 P.W.I went to the Deputy Commissioner of Police, South Zone, Hyderabad, and submitted Ex.P1-typed complaint, and the same was forwarded to the Kalapathur Police Station. The Inspector of Police, who was examined as P.W.8, received the said complaint and registered the same as a case in Crime No.44 of 1999 for the offence punishable under Section 376 IPC and issued Ex.P12-first information report. Thereafter, he visited the scene of offence, examined it and prepared Ex.P6-scene observation report in the presence of the mediators. Later, he examined P.Ws.1,2 and 6 and recorded their statements under Section 161 Cr.P.C. He got the scene of offence photographed, and the photographs were marked as Exs.P2 to P4. The clothes of P.W.I and the bed sheet were seized and P.W.I was sent for medical examination. The doctor, who was examined as P.W.6, examined P.W.I on 30.09.1999, and issued Ex.P8-preliminary report. On the same day, P.W.8 arrested the appellant and on the basis of Ex.P4-confession made by him, M.0.4-lungi of the appellant was seized in the presence of P.W.4. M.os.l to 4 were sent to the forensic science laboratory, which submitted Ex.P10 report. Basing on the FSL report, P.W.6 opined that it cannot be concluded that there was any recent sexual intercourse. The appellant was sent for potency test and the doctor, who was examined as P.W.7, issued Ex.P11 certificate opining that the appelllant is capable to perform sexual act. Later, P.W.10 took up further investigation from P.W.8 and after completion of investigation, he laid charge sheet against the appellant.

(3.) The learned II Metropolitan Magistrate, Nampally, Hyderabad, took cognizance of the offence punishable under Section 376 IPC and numbered the case as P.R.C.No.8 off 2000 and later committed the case to the Metropolitan Sessions Judge, who in turn made over the same to the VI Additional Metropolitan Sessions Judge (Mahila) at Nampally, Hyderabad.