SAMMANGI NAGABHUSHNAM Vs. STATE OF A P

JUDGEMENT

(1.) SOLE accused in Sessions case No. 3 of 2003 on the file of the Court of the Sessions judge, Mahila Court, Visakhapatnam, filed this Criminal Appeal assailing his conviction and sentence of the offences punishable under sections 417 and 307 of the Indian Penal code, 1860.

(2.) THE case of the prosecution, as culled out during the course of evidence, is that the victim by name volisetty Padmavathi @ Padma (P. W. 1) was a student of X class and was residing along with her parents at d. L. B. Quarters at Kailasapuram in visakhapatnam. In the year 2001, she joined in Mahila Sangham, run by one Sailakshmi (P. W. 11), for the purpose of learning lacing and stitching, etc. While P. W. 1 was returning from Mahila Sangham, the appellant used to stand in the junction and follow P. W. 1 every day. It happened for a period of three months, during the course of which they got acquaintance with each other. When P. W. 11 saw both of them, she admonished P. W. 1. The appellant was telling P. W. 1 that he was in love with her. Thereafter, on one day, the appellant sent a message through his friend asking P. Q. 1 to come to Ayyappaswamy temple. Accordingly, she went there and both of them met there for the first time where they talked with each other for a long time. Thereafter, they went to Ramakrishna Beach and Vuda park on a motorcycle and since then both of them used to meet frequently. While so, on 16-10-2001, which happened to be the birthday of the appellant, P. W. 1 and the appellant met at the terrace of the house of one Ramanamma at7. 30 p. m. , and P. W. 1 presented a gift to the appellant. Appellant promised P. W. 1 that he would marry her and thus hugged her. Though P. W. resisted initially, but because of the promise made by the appellant, she allowed him to have sexual intercourse with her and thus they continued their sexual relationship for a period of two months i. e. , upto 30-12-2001. Later, when p. W. 1 informed about the marriage alliance, which her father was looking for her, appellant assured that she need not worry about it as he is going to marry her. Be that as it may, on 14-01 -2002 at about 7. 15 P. M. the appellant called P. W. 1 to the backside of the hospital of D. L. B. quarters and, accordingly, P. W. 1 went there and informed the appellant about the alliance being fixed by her parents. The appellant, in a casual manner, asked her to marry the said person. When she questioned the same, appellant stated that his parents are also intending to perform his marriage with one Lakshmi, who is closely related to him. When P. W. 1 questioned as to why he promised her that he would marry her and had sexual intercourse with her, appellant said that he loved her only for time pass. During the course of the said discussion between P. W. 1 and the appellant, P. W. 1 questioned the appellant by catching hold of the collar of his shirt. Then appellant slapped her on the cheeks and pushed her away, on account of which P. W. 1 fell down from the third floor of the said building and became unconscious. When she gained consciousness, she saw the appellant by her side and ten minutes thereafter, appellant and his friends informed the matter to the parents of P. W. 1, who in turn, took her to the local hospital, from where she was shifted to Seven hills Hospital, Visakhapatnam. The resident medical officer of Seven Hills Hospital (P. W. 5)examined P. W. 1 and found swelling of both feet with fracture of both calcaneumbonesand fracture of L3 vertebra. He gave Ex. P-2 wound certificate opining that the injuries found by him are grievous in nature. On the advise of p. W. 5, P. W. 1 was referred to Orthopedic surgeon, Seven Hills Hospital (P. W. 4), and she was thereupon operated by him. There after, on the basis of the information given by the father of P. W. 1, by name Volisetty potteyya (P. W. 2), the Assistant Sub-Inspector of Police, V Town Law and Order Police station, Visakhapatnam (P. W. 10) visited seven Hills Hospital and recorded the statement (Ex. P-1) of P. W. 1. Based on ex. P-1 statement,the Sub-Inspector of Police, v Town Law and Order Police Station, visakhapatnam (P. W 12) registered a case in crime No. 35 of 2002forthe offences punishable under Sections 417 and 307 IPC and investigated into. Thereafter, he visited Seven hills Hospital and recorded the statement of p. W. 1. He also visited the scene of offence and observed the scene in the presence of mediators i. e. , P. W. 9 and one Damodara rao, and prepared Ex. P-6 scene observation report and Ex. P-9 rough sketch of the scene of offence. On 28-01-2002, P. W. 12 arrested the appellant and referred him to the Casuality medical Officer, K. G. H. , Visakhapatnam (P. W. 7) for potency test. P. W. 7, on examination of appellant, gave Ex. P-4 certificate opining that appellant was capable of performing sexual intercourse. Subsequently, on 29-01 -2002, on the requisition sent by P. W. 12, the Assistant Professor of obstetrics and Gynecology, Andhra Medical college, Visakhapatnam (P. W. 6) examined p. W. 1 and issued Ex. P-3 final opinion stating that P. W. 1 was habituated to sexual intercourse. After completion of entire investigation, P. W. 12 laid charge sheet against the appellant.

(3.) IN support of its case, prosecution examined P. Ws. 1 to 12 and marked exs. P-1 to P-9. Among P. Ws. 1 to 12, p. Ws. 8,9 and 11 did not support the case of the prosecution. No oral and documentary evidence was adduced on behalf of the defence.