GOPIREDDY SRINIVAS Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant was found guilty for the offence of rape punishable under Sec. 376 of IPC and sentenced to undergo rigorous imprisonment for a period of seven years, by the IV Additional Metropolitan Sessions Judge, Hyderabad vide judgment in SC No.85 of 2009 dtd. 9/12/2009.

(2.) The case of the prosecution is that P.W.1/victim lodged complaint by giving oral statement which was recorded by the police on 18/3/2008. According to the statement of the victim, about four months prior to lodging complaint, she was residing along with her parents and three brothers. She went out to search for her brother's son. At that time, the appellant caught hold of her hands, closed her mouth, took her into a school premises and raped her. On 8/3/2008 when she was suffering from fever, her mother/P.W.2 took her to hospital and it was known that she was pregnant. Accordingly, P.W.2/mother and other family members including P.W.3/brother questioned as to who was responsible for the pregnancy. P.W.1 informed that she was raped four months prior, by the appellant. Abortion procedure was done on 13/3/2008. Thereafter complaint was lodged on 18/3/2008 requesting to take necessary action against the appellant.

(3.) Police examined witnesses and also sent the appellant and victim/P.W.1 for medical examination. Thereafter police filed charge sheet for the offence under Sec. 376 of IPC against the appellant. Having concluded examination of witnesses P.Ws.1 to 12 and marking Exs.P1 to P8 on behalf of the prosecution, the learned Sessions Judge found that the appellant was guilty of committing rape on the victim/P.W.1 and sentenced him accordingly.