SAMASTHAPURAM BALAPPA Vs. STATE OF A.P

JUDGEMENT

(1.) The appellant was convicted for the offence under Sec. 376(f) and Sec. 506 of IPC for committing rape on the victim girl/P.W.2 vide judgment in S.C.No.771 of 2011 dtd. 26/9/2012 by the II Additional District and Sessions Judge, at Mahabubnagar. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the victim girl/P.W.2 is that she was aged ten years. Around 7.00 or 8.00 a.m in the morning, the mother/P.W.1 and her grandmother went outside. When she was alone in the house, the appellant went into the house and asked about the mother and grandmother. P.W.2 stated that they were not in the house. Then the appellant forcibly took her into the room where he laid her on a gunny bag on the floor. He lifted her skirt and kept male organ in her private part and committed rape. P.W.2 shouted for help, but he did not leave her and closed her mouth with his hands. Thereafter, while leaving, the appellant threatened P.W.2 that if she discloses the incident, he would kill her. On the next day, P.W.2 had swelling of her private parts and when questioned by the mother/P.W.1, she stated about the incident. On the next day, it was informed to the father/P.W.3, who lodged complaint. Having received the complaint, police registered the case and filed charge sheet.

(3.) Learned Sessions Judge, having examined the witnesses including P.W.2/victim girl and P.W.2/Doctor found favour with the version of P.W.2 that she was subjected to rape and convicted the appellant.