(1.) Impugning the legality of the judgment passed by the Sessions Judge, Mahila Court, Vijayawada in S.C. No.8 of 2005 on 06.02.2008, this appeal is preferred by the appellant, who is the accused in Crime No.72 of 2004 of G.R.P. Rajahmundry Police Station.
(2.) For the benefit of better understanding of the case, the facts, in brief, are stated as follows.
(3.) The accused was working as a Police Constable in Godavari Outpost Police Station, Rajahmundry. The victim girl is resident of Poolaa village in West Godavari District. Her marriage was held with one S.Subrahmanyam of Undi village. Due to disputes with her husband, she went to her parents house, ten days prior to the incident. When her parents were making attempts to send her to the house of her husband, through the elders, she, under the thought that if she is sent to her husbands house, without meeting his demands, she would be again harassed, left her parents house on 28.06.2004 and went to Godavari Railway station, on the same day at about 7 or 7.30 pm., and was sitting on the platform. Then the accused came to her and enquired about her family background, disclosing himself as Police constable and enquired about the reasons for her coming to the Railway station. He, then, forcibly took her to Godavari Railway bridge on a motorcycle and indecently behaved with her, from there he took her to a room in Arunodaya Lodge, near Godavari Bridge and there he attempted to commit rape on her. Then she escaped from him and came to Godavari Railway station. The accused again came and beat her with hands, by abusing her in vulgar language and took her to Godavari Railway Police station and confined her in that station. Another constable by name G.David Raju, informed the same to Head Constable and on that the Head Constable came to the Railway Police Station and kept a woman Police constable, to look after her safety and telephoned to her brother. Her brother came to the spot and on the narration of the victim, report was given by him with regard to the alleged offences. The accused was sent for medical examination, wherein he was found to be in a drunken state. The victim girl was also sent for medical examination, wherein injuries were found on her body. After due investigation, charge sheet was laid against the accused for the offences punishable under Sections 323, 342, 376 read with 511 IPC.