PALLAPU JANGAIAH Vs. STATE OF A. P.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Sessions Judge for SC & ST (POA) Act, 1989, Ranga Reddy District at L.B.Nagar, in S.C.No.72 of 2008 dated 28.02.2011, whereby the appellants/A-1 and A-2 were convicted for the offence punishable under Section 376 (2) (g) of I.P.C. and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- each, in default, to suffer simple imprisonment for a period of six months. However, the learned Special Sessions Judge acquitted the appellants/A-1 and A-2 for the offences punishable under Sections 385 read with 34 of I.P.C. and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The case of the prosecution is that on 23.01.2006 at 3.00 P.M., PW.5 lodged a report stating that on 22.01.2006, she consumed toddy in two spells at Shastripuram toddy shop. At about 6.00 P.M., while she was returning home, the appellants/A-1 and A-2, who have also consumed toddy, followed and intercepted her near Kingsway Colony, Sastripuram and they caught hold of her, forcibly dragged her into the bushes at the outskirts of Kingsway Colony, assault her with sticks and also committed rape on her one after another without her will and consent. The appellants/A-1 and A-2 further snatched away the gold and silver ornaments comprising gold gundlu, pair of gold ear studs, a pair of silver kadas, silver waist band of her son and silver ring. Basing on the said report, P.W.11-Sub-Inspector of Police, Rajendranagar Police Station registered a case in Crime No.77 of 2006 for the offences punishable under Sections 376 and 394 of I.P.C. After completion of investigation, charge sheet has been filed against the appellants/A-1 and A-2 for the offences punishable under Sections 376 (g) and 392 of I.P.C., and Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The plea of the accused is one of total denial. The prosecution, in order to prove its case against the accused, examined P.Ws.1 to 12 and got marked Exs.P1 to P21 and M.O.1. The learned Special Sessions Judge, on appraisal of entire evidence, both oral and documentary, held that the prosecution has proved its case against the accused for the offence under Section 376 (2) (g) of I.P.C. and accordingly convicted and sentenced them as stated supra. However, the learned Special Sessions Judge, acquitted the accused for the offences punishable under Sections 385 read with Section 34 of I.P.C. and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Aggrieved by the said conviction and sentence, the appellants/A-1 and A-2 preferred the present appeal.