LAWS(APH)-2007-8-16

B MADHU Vs. STATE OF A P

Decided On August 08, 2007
B.MADHU Appellant
V/S
STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD Respondents

JUDGEMENT

(1.) THE sole appellant, who was the accused in S. C. No. 569of2004onthefileof the learned special Judge for the trial of offences under scs and STs (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions judge-cum-XX Additional Chief Judge, hyderabad at Secunderabad, was convicted for the offence under section 376 (2) (f) read with 511 IPC and sentenced to rigorous imprisonment forthreeyears and to pay fine of rs. 100-00 in default to suffer simple imprisonment for fifteen days.

(2.) THE prosecution case Is that the accused and the parents of the victim, Lavanya were neighbours at Indirammanagar, Rasoolpura, hyderabad. On 28. 11. 2003 between 3. 30 and 4. 15 p. m. , the victim, who was aged five years at that time, went into the house of the accused along with some others for watching TV. The accused sent away other children and committed rape on the victim, who came home weeping and informed her mother (P. W. 1); there was bleeding from her (victim)private parts. Father of the victim came later. There after, it appears that some efforts were made for compromise, which were not successful. P. W. 2, the victim was taken to hospital for treatment, there on the advice of the medical officer, a complaint was given, on which a case in Cr. No. 446 of 2003 was registered by the Police, Begumpet, investigated and charged sheet was filed against the accused.

(3.) THE accused pleaded not guilty for the charge under section 376 (2) (f) IPC.