PUBLIC PROSECUTOR Vs. PAMARTHI VENKATRAMANA ALIAS RAMANA

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment dated 05-10-1998 passed in S.C./S.T. Sessions Case No. 173 of 1995 on the file of the Special Sessions Judge (1stAdditional Sessions Judge) for cases under the S.Cs and S.Ts. (Prevention of Atrocities) Act. Rajahmundry., East Godavari District, whereby and whereunder the learned Special Sessions Judge found accused Pamarthi Venkatarmana @ Ramana not guilty of the offence under Section 376 I.P.C. read with Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short; the Act) and acquitted him accordingly.

(2.) The prosecution case, in brief, is as follows: P.W.1 Battu Vanajakumari is the victim. She was aged about 14 years on the date of occurrence. On 04-05-1994 at about 12.00 noon the victim went to the field on being sent by her father to watch the groundnut crop. She was sitting near the motor shed underneath the tree in the field and laid a watch on the groundnut crop so as to avoid crop being damaged by monkeys. The respondent-accused came there and asked her as to when she would be getting married as her sister's marriage was already fixed and so saying he caught hold of her right hand. She managed to escape from his clutches and started running away. The respondent-accused chased her and caught hold of her in plantain garden of Kolli Musalayya. He lifted her langa and revished her. She raised cries which drew the attention of P.W.2 Konda Manohar. On seeing P.W.2, the respondent-accused got up and took to his heels. The victim- P.W.1 returned home and informed her parents. She along with her mother-P. W.5 Battu Venkayamma and sister P.W.3 Vara Lakhmikantham went to Atreyapuram Police Station and presented Ex.P-1 Report. P.W.10 K. Lakshmma Murthy, Sub inspector of Police, Atreyapuram Police Station, received Ex.P-1 report and registered a case in Crime No.13 of 1994 for the offence under Section 376 IPC and issued Ex.P-5 FIR. He sent the victim-P.W.1 to Government Hospital, Kothapeta, for medical examination. P.W.9 Dr.B. Annapurnna medically examined the victim P.W.1 and issued Ex.P-4 wound certificate. She did not find any external injuries on genetalia of P.W.1. But she noticed a fresh tear of hymen and edges of the tear are red an swollen with bleeding ends. She determined the age of the victim-P.W.1 between 13 and 18 years on physical and dental examination. She collected vaginal swabs and smears, cervical swabs and smears, stained clothes and pubic hair and sent them for chemical analysis. Ex.P-9 is the chemical examiner report. On receipt of Ex.P-9, She issued Ex.P-10 final opinion. K. Rajasimhareddy, Inspector of police, Razole (LW.13) inspected the scene of offence and prepared Ex.P-6 rough sketch and Ex.P-2 observation report in the presence of P.W.7 M. Ramarao. During the course of investigation, the respondent-accused came to be arrested and sent for medical examination with regard to his potency to perform sexual intercourse. P.W.8 Dr C. Sudarsanarao medically examined the respondent-accused and issued Ex.P-3 medical certificate opining that the respondent-accused is capable of performing sexual intercourse. After completing the investigation, a charge-sheet came to be presented before the Judicial Magistrate of First Class, Special Mobile Court, Kakinada, East Godavari District.

(3.) The learned Magistrate took the charge-sheet on file as P.R.C.No.6 of 1995 and committed the case to the Sessions Division, East Godavari District at Rajahmundry, as the offence under Section 376 IPC is exclusively triable by the Court of Session. The learned Sessions Judge took the case on file as Sessions Case No. 173 of 1995 and made over the same to the II Additional Sessions Judge, East Godavari at Rajahmundry, for disposal according to Law.