GORKANTI NARASIMHULU Vs. P.P., HYD

JUDGEMENT

(1.) This appeal is filed aggrieved by the judgment dtd. 31/7/2015 passed in S.C.No.23 of 2012 on the file of Special Judge for Trial of Offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-cum-V Additional Sessions Judge, Medak at Sangareddy, convicting the appellant/accused for the offence punishable under Sec. 366-A of Indian Penal Code (for short 'IPC') and sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.2,000.00, in default of payment of fine to undergo simple imprisonment for three months. Further, the appellant is also convicted for the offence under Sec. 376 of IPC and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.2,000.00, in default of payment of fine to undergo simple imprisonment for three months. Further, the appellant is also convicted for the offence under Sec. 3(2) (v) of SC/ST (POA) Act, 1989 and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000.00, in default of payment of fine to undergo simple imprisonment for one month. All the sentences shall run concurrently.

(2.) Heard Sri Shaik Karimulla, learned counsel for the appellant/accused and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State.

(3.) The case of the prosecution is that PW4 is the victim/girl and according to her evidence she was working as a labour in Chaitanya Seeds Factory at Kandlakoya Village and while she was working in the said factory, there was a due of wages. On 25/6/2010, in the evening, the appellant made a phone call to PW4's father, who is PW1 and informed that PW4 can collect the balance wages and asked PW4 to meet him near Ambedkar Statute at Gomaram Village. At around 7.00 p.m., PW4 left the house stating that she was going to attend nature calls. However, she went to Ambedkar Statute where appellant was waiting in an Auto. When PW4 asked for remaining due amount i.e., wages for 10 days, the accused forcibly took her in an Auto and taken to his friend's house. On the next day, the appellant had taken her to one village in Nizamabad District and kept her in his parent's house. There she stayed for one night and on the said night the appellant has forcibly raped her. The next day, the appellant had taken PW4 to his Aunt's house in a village of Doultabad Mandal. The aunt of the appellant objected for their stay in her house. However, the appellant took a hut near the bore well situated in the fields of his aunt and stayed there. On the said night also the appellant had sexual intercourse with the victim forcibly. Thereafter, the appellant again took her to his friend's house at Gangaram Village of Hathnoora Mandal and stayed there. On the said night also, there was sexual intercourse between them by force. On the next day, they went to the house of the appellant friend namely Mahesh at Medchal and stayed there for two days. The appellant took PW4's silver anklets, silver kadiyam (MO1) and gold nose pin (MO2) and pledged those articles in a marvadi shop in Medchal and took Rs.1,000.00 from the Marvadi. Thereafter, they again went to Gajwel and searched for a rented room. However they did not get any room. The appellant then tied rold gold thali (Puste) to PW4 forcibly and took a rented house in Gajwel stating that they were husband and wife and they stayed there for one month. During the said period, the appellant enjoyed sex with PW4 several times. The appellant was working in a cloth showroom at Gajwel. Thereafter on one Sunday, the Police apprehended PW4 and appellant at Gajwel Bus stand and brought them to Shivampet Police station.