DOKKA BHUSHAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The appellant-accused Dokka Bhushaiah was put to trial for the offence punishable under Section 376 read with Section 511 I.P.C in S.C.No.767 of 1999 by the Additional Assistant Sessions Judge, Tenali. He was found guilty of the offence and sentenced to undergo Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.1,000/- in default to suffer Simple Imprisonment for a period of three months by the impugned judgment dated 30.8.2000.

(2.) Being aggrieved by the aforesaid conviction and sentence recorded by the Assistant Sessions Judge, the appellant has referred this appeal.

(3.) The prosecution story as unfolded during the course of trial briefly stated as under: Dokku Venkateswara Rao (P.W.1) is the father of the victim girl Dokku Krishna Kumari (PW2), aged about 11 years, who filed a complaint before the Police on 10.11.1998 at 10.00 p.m. alleging that on the said date when P.W.2 was alone in the house, the accused residing in the same Village, took her to a cattle shed in front of their house, inserted cloth in her mouth and felled her down and then he fallen on her and pressed her breasts with his hands and bitten her cheeks, lifted her langa and attempted to commit rape on her. In the meanwhile, on seeing Dokku China Venkateswara Rao (PW3), the younger brother of P.W.1, the accused ran away. Then P.W.3 and his wife brought the victim girl to P.W.1 and when asked what happened P.W.2 narrated the incident. P.W.5, Sub-Inspector of Police, Nagaram P.S. on receipt of the aforesaid complaint, registered it as a case in Cr.No.64 of 1998 for the offence punishable under Section 376 read with Section 511 IP.C and issued Ex.P.3 F.I.R., sent the victim girl to the Government Hospital, Repalle for medical examination. He recorded the statements of P.Ws.1 and 2 and rushed to the scene of offence and secured the presence of P.W.3 and Dokku Nagamalleswari and recorded their statements and found that accused was absconding. After completion of the investigation and receipt of the relevant documents, laid the charge sheet for the above offence.