STATE OF A.P. Vs. TEJAVATH BALAKRISHNA

JUDGEMENT

(1.) The State aggrieved by the acquittal of the respondent for the offence under Ss. 376 and 417 of IPC vide judgment in SC No.449 of 2007 passed by the Assistant Sessions Judge at Khammam, the present appeal is filed.

(2.) The case of the prosecution is that P.W.1 victim girl is the daughter of P.W.2. P.W.3 is the landlord where P.W.2 worked as labour in the firm. It is the case that one year prior to the complaint when P.W.1, victim was watching over the fields of P.W.3, the respondent went there and forcibly committed rape on her in the shed. When P.W.1 stated that she would inform her father, the respondent pleaded her not to inform anyone. However, the sexual relationship continued, since the respondent promised that he would marry her. P.W.1 was carrying 7th month pregnancy and at that juncture, she informed her father P.W.2 that the respondent was responsible for pregnancy and he forcibly had sexual intercourse with her. Accordingly, panchayat was held by the village elders. At the panchayat, the respondent demanded one acre of land to marry her. When P.W.2 expressed his inability, the respondent refused to marry her. For the reason of not marrying P.W.1, complaint was lodged by P.W.1 in the police station on 8/5/2007.

(3.) The police, after investigation laid charge sheet against the respondent for the offence under Sec. 376 and 417 of IPC. However, after conclusion of trial, the learned Assistant Sessions Judge found that the respondent was not guilty for the offence of rape and cheating on the following grounds;