KALLEM SWAMY REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred against the judgment dated 20-07-2001 passed in S.C.No.537 of 1999 by the IV Additional Sessions Judge (Fast Track Court), Karimnagar, wherein the appellant-accused No.l was convicted and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.1,800/-, in default, to suffer Simple Imprisonment for three months, for the offence under Section 376 of Indian Penal Code, 1860 (for short'IPC').

(2.) The case of the prosecution as narrated by the prosecutrix who was .examined as PW.2, is that she is a resident of Khanampalli village and is residing in that village along with her brother and mother, who were examined as PWs.l and 3 respectively. About four months prior to the date of the report i.e., 25.08.1996, on one day in the evening at about 3.00 p.m. when PW.2 was grazing goats in the outskirts; of the village at a place called as 'Peddagumpula', the appellant-A-1 and A.2 (since died) came there and made her to consume toddy and later committed rape on her one after another. Later she returned to her house. At that time her mother, PW.3, was not in the village and she was staying with another daughter at Katnapalli village and after her return i.e., four months after the incident, she came to know that PW.2 is pregnant and when she questioned, PW.2 informed her that the appellant and another committed rape on her. Thereafter, PW-3 informed the matter to her son, who was examined as PW-1. Later, PWs.l and 3 went to one Mallareddy i.e., Sarpanch of that village and the Sarpanch arranged a panchayat at Chavadi. Though elders summoned the accused, they did not attend the panchayat and hence PWs.l, 2 and 3 went to Dhamaram Police Station and gave a report on 25.08.1996. Based on the report, a case in Cr.No. 92/96 was registered by the Sub Inspector of Police, who was examined as PW-10. During the course of investigation PW.2 was referred to the Government Head Quarters Hospital, Karimnagar, along with Ex.P.7, requisition, for medical examination. The Doctor, who was examined as PW.9, examined PW.2 and opined that she is pregnant and her pregnancy was about 20 to 22 weeks old as on the date of her examination. After completion of investigation, PW-11 filed charge sheet against the appellant and another for the offence punishable under Section 376 IPC and Section 3(i)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Initially, on appearance of A-1 and A-2 and on hearing both sides, the learned Additional Sessions Judge framed a charge under Section 376 of IPC against them, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.