The High Court · 2025

The State of A.P. through represented by State Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. ... Res pon denUCom p la ina nt Counsel for the Appellant: Sri M.S. Achyuth Bharthwaj Counsel for the Respondent: Assistant Public Prosecutor The Court delivered the following: JUDGMENT C L THE HOI{OURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.8O9 of 2O11 JUDGMENT: The present Criminal Appeal is- liled by the appellant/accused aggrieved by the judgment and conviction dated 14.07.2011 in S.C S.T.S.C. No.13 of 2OO9 on the file of the Special Judge for Trial of Offences under SC/ST (PoA) Act- cum-V Additional District and Sessions Judge, Medak, Sangareddy, for the olfence under Section 376 ol Indian Penal Code (for short'I.P.C.').

2. Heard learned counsel for the appellant and learned Assistant Public Prosecutor for the respondent/ State. Perused the lecord

3. The facts of the case in brief are that PW. 1, who is the mother of victim giri, Iodged a complaint stating that PW.2/victim informed her that the appellant caught her and dragged her into the bushes and committed rape. The incident hapcened on 29.O9.2OO8 at about 4.00 P.M. and on the very same day, the complaint has been filed in the Police l I l a i I 2 \ Station, Chinnakodur. The victim was aged about 13 years when the incident took place.

4. PW.2 is the victim girl. She stated that on 29.O9.2AO8 at about 2.30 p.m., she went for grazing the cattle and at about 3.30 p.m., the appellant, who was irrigating the land, came from behind, caught hold of her and dragged her near Dayalagundu into the bushes, removed her clothes and committed rape on her.

5. PW.5, who is the neighbour of PW. 1, was informed about the incident. Thereafter, PW.5 went to the house of PW. 1 and informed the incident to PW. 1. Later, PW. 1 lodged a complaint to the police under Ex.P1.

6. The learned Sessions Judge convicted the appellalt mainly on the basis of evidence ol PW.2lvictim girl who narrated that she was chased and raped by the appellant. 7 . The learned counsel appearing for the appellant would submit that the manner in rvhich the incider-rt was narrated, injuries are bound to occur since the alleged rape has taken place in the fields. There is no sign of any injury to the 3 victim girl and further the Doctor also did not find any signs of rape. Horvever, the Doctor stated thai sexual assauit cannot be ruled out, which is an assurnption. On the basis of such evidencr,', the conviction cannot be sustained. B. On the other hand, the learned Assistant Public Prosecutor u,ould submit that there is no specific medical evidence so far as the allegation ol rape is concerned, however, thal. u,ould not belie the version of the vict.im girl

9. The victim girl was taken to the hospital ar-rd examined by PW. 11. According to PW.11, the local examination of the victim girl reveals that there were no injuries on private parts since the r.ictim girl urinated and her body parts were normal. Samples were collected for the purpose ol Forensic Science Laboratory (FSL) examination. After receiving FSL examination report, PW. I 1 stated that there is a time gap between collection of sample and examination ol FSL. However, sexua1 assault could not be ruled out.

10. The statement of the victim gir1lPW.2 is that the appellant caught hold of her, dragged her into the bushes, I I 4 removed her clothes and committed rape on her. Admittedly no injury was found on her body or on the private parts of the victim girl. There is no specific narration as to what transpired when the incident happened. A pald allegation of committing rape would not suffice in the present facts and circumstances of the case. The other witnesses turned hostile to the prosecution case. In the said circumstances, reliance has to be piaced on any corroborating medical evidence or evidence of other witnesses. Medical evidence does not support the version of the victim girl regarding any forceable rape since there was no sign of any injury on any part of the body of the victim girl. The version that victim was chased ald when she fell on the ground, she was dragged into the bushes and forcibly committed rape, becomes doubtful. 1 1 . However, the complaint liled against the appellant alleging that he had dragged and caught hold of victim amounts to outraging modestl, of the victim gir1.

12. In view of the above. the conviction recorded by the learned Special Sessions Judge under Section 376 of IPC is : i 5 set aside. Since it is proved that there was physical assault intruding upon privacy of the woman, the act of the appellant is punishable under section 509 of IPC.

13. The appellant is convicted under section 5O9 of IPC ald sentenced to undergo six months of rigorous imprisonment.

14. Accordingly, the Criminal Appeal is partly allowed. The trial Court is directed to cause appearance of appellant and send him to prison to serve out the remaining period of imprisonment. Miscellaneous applications pending, if any, shall stand closed. To, SD/.K.SRINIV A RAO JC)INT RE ISTRAR t //TRUE COPY// SECTION OFFICER '1 . The Special Judge for Trial of Offences under SC/ST (POA) Aclcum-V Additional District and Sessions Judge, t\Iedak at Sangareddy. (with records, if any)

2. The Judicial First Class lr4agistrate, Siddipet. 3- The Superintendent, Central Prison, Cherlpally, Rangareddy District. 4. The Station House Officer, Chinnakodur Police Station, IMedak District- 5. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] t

6. One CC to Sri M.S. Achyuth Bharthwaj, Advocate IOPUC] 7- Two CD CoPies kam/PSL 4- HIGH COURT DATED:2410112025 I JUDGMENT CRLA.No.809 of 2011 ( cJ C tt1 TSE A I4: 30 APR 2025 * aA €i') I -\4' PARTLY ALLOWING THE CRIMINAL APPEAL I i :