A VENKATACHARY Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused, who is in Sessions Case No.27 of 2001 on the file of the V Additional Metropolitan Sessions Judge (Mahila Court), Hyderabad, who was convicted for the offences under Sections 376,366 and 493 IPC and sentenced to undergo Rigorous Imprisonment for a period of seven years and pay afine of Rs. 3,000.00 in default, to undergo Simple Imprisonmentfora period of six months on the first count, to suffer Rigorous Imprisonment for a period of five years and pay a fine of Rs. 500.00 in default, to suffer simple Imprisonment for three months on the second count and to undergo Rigorous Imprisonment for a period of five years and pay a fine of Rs. 500.00 in default, to suffer Simple Imprisonment for two months, on the last count, is questioning his conviction and sentence in this appeal.

(2.) The gravamen of the charge against the appellant-accused is that on 26-1-2000, at about 8.00 p.m., he induced the alleged victim girl Kum. Revathi-P.W.3, aged 13 years at her house bearing No. 18-7-466/2/A/82 situated at Ambica Nagar, Uppuguda, Hyderabad and took her to Yadagirigutta where he tied yellow thread containing gold colour pustes and also asked her to wear toe rings of silver and took her to the house of P.W.4-Shobha.M, Who is no other than the maternal aunt of the accused and had sexual intercourse with the victim girl till 13-2-2000. It is also alleged that from 27-1 -2000 to 13-2-2000 the date when the girl returned to her parents' house, he committed rape on P.W.3. The girl appeared before the investigating officer-P.W.8 on 14-2-2000 who got her examined by P.W.11 the then Assistant Professor of Obstetrics and Gynecology, Maternity Hospital, Nayapool, and the examination revealed that vagina admitted two fingers and hymen is not intact. He collected vagina slides and sent to Forensic Science Laboratory forchemical examination. A report received from Forensic Science Laboratory revealed that human semen and spermatozoa were present in the vagina. Based on the said findings and chemical examination, P.W.11 opined that sexual intercourse cannot be excluded. The Doctor says in her evidence that the girl stated before her that she left her home on 26-1-2000 with her neighbour by name Venkatachari, aged about 24 years and they married at Yadagirigutta on 28-1-2000 and she had intercourse with him willinglyfrom 26-1 -2000 at 10.00 p.m., onwards.

(3.) P.W.2, who is a tutor in Forensic Science Department, examined the accused and opined that the appellant-accused is capable of performing sexual act. A photograph was marked as Ex.P-2 where both the accused and the victim girl-P.W.3 can be seen with garland around their necks and standing in front of an idol of Lord Lakshminarsimha Swamy. The girl wearing a thread around her neck is also seen. This photograph is not disputed. The case of the accused is one of complete denial except his arrest.