SHAIKH MASUMVALI Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in S.C.No.535 of 2002, who was tried and convicted for the offence under Section 376 (2) (f) IPC by the VI Additional Sessions Judge, Guntur, preferred this appeal.

(2.) Accusations which led to the trial of the appellant was that on 05-06-2002 at about 1.30 P.M. at the house of Shaik MahabuniP.W.1 committed rape on a minor girlShaik MastanbiP.W.2.

(3.) Prosecution version as narrated in nutshell is as follows: The accused and the material prosecution witnesses are residents of K.V.P. Colony, Guntur. P.W.1 is the sister of P.W.2. P.W.2 is the victim girl. P.Ws.3 and 5 are brothers and P.W.8 is the mother of P.W.2. P.W.5 is the husband of P.W.1. About two years back when P.W.1's husband was in hospital, she used to take food for him to the hospital. During that time the victim girl was with them. On 05-06-2002 at about 1.30 P.M., when P.W.1 returned from the hospital she found the doors closed. Then she knocked the front door. As the front door was not opened, she went near the backside door and knocked it. Then the accused has come out of the house and ran away. P.W.1 went inside the house and asked P.W.2 what happened. P.W.2victim girl told that accused came to the house and asked for a glass of water, when she went inside of the house to bring water, the accused closed the doors; caught hold and made her to fell down and raped her. Thereafter, P.W.1 went to the house of the accused for questioning about the same, but his doors were locked. On the next day she went to the police station and lodged the reportEx.P1, on which basis police registered a case in Cr.No.118 of 2002 under Section 376 IPC. On 07-06-2002 at 2 P.M. P.W.9the Sub-Inspector of Police, Nagarampalem police station went to the scene of offence and recorded the statements of P.Ws.1 to 8 and sent the victim girlP.W.2 for medical examination. P.W.6, the Assistant Professor, Gynecology Department, Government General Hospital, Guntur on receipt of requisition examined P.W.2 and issued Ex.P2 certificate opinion that there is no evidence to suggest sexual intercourse. On receipt of requisition, P.W.11, Professor, Forensic Medicine, Guntur Medical College at the relevant point of time examined P.W.2 on 10-06-2002 and opined that the age of P.W.2 is 9 years and also examined the accused and opine.d that he is capable of performing sexual inter course or act of coitus and issued Exs.P11 and P12 to that effect. P.W.9 who took up investigation arrested the accused in the presence of P.W.7 and others. After due investigation police laid the charge sheet for the offence under Section 376(2)(f) IPC.