(1.) The 1st appellant is convicted and sentenced to under go Rigorous Imprisonment for 7 years for the offence punishable under Sec. 376 IPC and further sentenced to undergo rigorous imprisonment for one year for the offence under Sec. 343 of IPC and also sentenced to undergo rigorous imprisonment for one year for the offence under Sec. 506 of IPC and also sentenced to pay fine of Rs.1,000.00 for the offence under Sec. 3(2)(v) of SC/ST (POA) Act and, in default for payment of fine, shall suffer rigorous imprisonment for six months. The appellants 2 to 9 are convicted and sentenced to pay fine of Rs.1,000.00 and in default of payment of fine, shall undergo simple imprisonment for a period of six months each for the offence under Sec. 201 of IPC. The Appellants 2 to 5 are convicted and sentenced to pay fine of Rs.1,000.00, in default of payment of fine, shall undergo simple imprisonment for six months for the offence under Sec. 3(2)(v) of SC and ST (POA) Act and the appellants 2 to 9 are found not guilty for the offence under Sec. 506 of IPC and Appellants 6 to 9 are found not guilty for the offence under Sec. 3(2)(v) of SC/ST (POA) Act and accordingly acquitted vide judgment in S.C.No.102 of 2007 dtd. 29/6/2009 passed by the Special Sessions Judge for trial of cases under SC/ST (POA) Act, Khammam. Aggrieved by the same, present appeal is filed.
(2.) For the sake of convenience, the parties hereinafter will be referred as arrayed in the Sessions Case.
(3.) The case of the prosecution is that P.W.1 is the victim girl, who went to the field to attend coolie work as A1 called her. She did not find anyone in the field and when she was trying to return, A1 caught hold of her hand and forcibly gagged her mouth and committed rape on her. He repeatedly raped her over a period of three days. A1 was bringing food for her and as and when the A1 went out, he used to tie her hands and legs and only for the purpose of eating, she was untied. A1 also burnt P.W.1's face. On the third day, P.W.1 managed to untie her hands and went to her house and informed to her parents, sister, neighbors and others.