SALE PRABHAKAR Vs. STATE OF A.P.

JUDGEMENT

(1.) The revision petitioner was convicted for the offence under Ss. 363 and 376 IPC and sentenced to undergo rigorous imprisonment for a period of five years and seven years respectively vide judgment in S.C.No.142 of 2006 dtd. 25/2/2008 passed by the Assistant Sessions Judge, Vikarabad. The said conviction was confirmed by the VI Additional Sessions Judge (FTC) at Vikarabad vide judgment in Criminal Appeal No.4 of 2008 dtd. 1/7/2011.

(2.) Briefly, the case of the prosecution is that the victim, who was examined as P.W.1, filed complaint with the police stating that P.W.1 and the accused are residents of Komisettipally village. While she was returning home from Kirana shop on 19/4/2006 at 8.00 p.m, the accused caught hold of her and gagged her mouth with a piece of cloth, tied both hands with her chunny and forcibly made her to sit in an auto. She was threatened with dire consequences, if she did not follow accused. She was taken to the fields and raped by the accused. When the accused took her out to outskirts of the village, another person was also present, who travelled along with them in the auto. The accused threatened not to disclose the incident, otherwise, she would be killed. The accused committed rape on P.W.1 till 2.00 a.m and thereafter, dropped at her house and went away. The issue was reported to her parents, P.Ws.2 and 3. Then, around 8.00 a.m, P.Ws.1 to 3 went to the police and lodged Ex.P1 complaint.

(3.) The police, during the course of investigation, sent the victim/P.W.1 for examination by the Doctor/P.W.9. P.W9, having examined the victim collected swabs and sent them to FSL for analysis and report. Accordingly, on the basis of Ex.P6 FSL report, P.W.9 gave Ex.P5 opinion stating that sexual intercourse occurred.