B ANKI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) B. Anki Reddy, the accused is an unmarried person aged about 22 years in the year 1986. Bommireddy Hanumayamma, wife of Sydareddy, is the prosecutrix and is aged about 30 years, also she has got two children and she underwent tubectomy operation by the date of the commission of the offence.

(2.) The prosecutrix who is examined as PW 1 is an uneducated lady and she was attending to agricultural work also, PW 1 and the accused belong to Jalakallu village, Piduguralla Taluk in Guntur District. The accused was tried for the offence under S. 376 IPC and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 100.00 in default to suffer rigorous imprisonment for one month by the Prl. Asst. Sessions Judge, Narasaraopet, in S.C. No. 227/85. On appeal, the learned Sessions Judge, Guntur, in Crl. Appeal No. 24/86 confirmed the conviction and the sentence passed by the Prl. Asst. Sessions Judge, by his judgment dated 21-7-1986. Against that conviction and the sentence, the accused preferred the present revision.

(3.) The case of the prosecution is that on 18-5-1985 at about 6 p.m. while the prosecutrix was pulling hay from the hayrick yard situated in the outskirts of the village, the accused went from behind her, embraced her and pulled her down and when she fell down, in spite of her requesting him not to assault her and shouting for help, the accused lifted her legs and then had sexual intercourse with her against her consent and left after satisfying himself. Later she got up and came slowly to her house suffering with pain and told Narasamma (PW 2), her sister-in-law. Thereafter, PW 1 was taken to Karampudi Police Station in a tractor where she gave the report Ex. P1. PW 7 the doctor who examined PW 1 on 19-5-1985, found 3 cm. x 1 cm. tear of posterior vaginal fornix present, bleeding profusely on swabbing and gait painful. After receipt of Ex. P-8 report, semen and spermatozoa are detected on, item No. 3. In view of the injury mentioned by PW 7 in the wound certificate Ex. P. 9. She came to the conclusion that the intercourse must have taken place within 16 hours prior to her examination. PW 7 further opined that the tear of posterior vaginal found, could be caused by forcible penetration and because of that tear injury, there was profuse bleeding and the gait was painful. PW 7 also found blood-stains on the saree worn by PW 1 and she further opined that on account of the nature of the injury found by her, it must have been caused about 16 hours prior to her examination. PW 7 ruled out the possibility of causing the injury mentioned in Ex. P9 by self-infliction or on account of irritation. She also ruled out the possibility of profuse bleeding on account of failure of tubectomy and she further stated that the presence of semen and spermatozoa indicates prior intercourse. She further stated that she obtained the oral consent of PW 1 for examination of her private parts and she further clarified that on account of the injury on the vaginal fornix, there was profuse bleeding and for every intercourse, there will not be bleeding. She also stated that no other injury was found.