Telangana High Court
Katteboini Rama Lingaiah, vs The State Of A.P., Rep By Pp., on 2 September, 2022
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1196 OF 2009
JUDGMENT:
1. The appellant is convicted for the offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years vide judgment in SC No.61 of 2007 (old SC No.70 of 2005), dated 06.05.2008 passed by the Special Sessions Judge for SC/Sts (POA) Act at Nalgonda. Aggrieved by the same, present appeal is filed.
2. The case of the prosecution is that the victim girl, P.W.3 was aged around 14 years when the appellant committed rape on her. It is the case of the prosecution that on 17.02.2005, when P.W.1 who is the father of the victim girl went out on work and on the same day around 7.30 p.m, after dinner, the victim girl/P.W.3 left her house to go to her grand mother's house living in the same village. The appellant caught hold of her, shutting her mouth and forcibly took her into the nearby cattle shed and committed rape on her. Thereafter, the appellant threatened the victim that if she discloses the incident to anyone, she would face dire consequences. The 2 victim girl returned to her home. Later, when questioned why she did not go to her grand mother's house, she informed about the incident. Accordingly, on 19.02.2005, the complaint was lodged with the Peddavoora Police Station which was registered for the offence under Section 376 of IPC and Sections 3(1)(xii) of the SCs/STs (POA) Act, 1989.
3. After investigation, the police filed charge sheet. The learned Special Judge framed charges under the said provisions. After conclusion of trial, the learned Sessions Judge found the appellant not guilty for the offence under Section 3(1)(xii) of the Act, however, convicted under Section 376 of IPC.
4. Learned counsel for the appellant submits that there is a delay of two days in lodging the complaint which itself goes to show that a false complaint has been filed and there is no explanation as to why such delay is caused. Though the victim narrated that she was dragged into the cattle shed and raped, there were no injuries which were found on the body of the victim girl. Except the version of P.W.1, there are no other eye 3 witnesses to the said incident. Further, the Doctor who examined the victim girl gave report and did not state that there was any penetration by the appellant during the said incident and when the penetration was not proved, the appellant cannot be convicted for the offence of rape. She further submits that the medical examination except stating that certain seizures were made, it is not stated by the doctor as to how the incident occurred, for which reason, the appellant is liable to be acquitted.
5. On the other hand, learned Public Prosecutor submits that the evidence of P.W.3, victim girl cannot be brushed aside on trivial grounds. He further submits that the prosecution has explained the delay of two days, for which reason conviction has to be sustained.
6. As seen from the examination of P.W.1, the father of the victim girl, the incident was informed to them on the early morning of 18.02.2005 when it was not known that the victim girl/PW.3 did not go to her grand mother's house on 17th evening. P.W.1 had three other daughters and in the event of 4 revealing the rape that was committed on P.W.3, it would not only adversely affect the victim but also have bad impact on his three other daughters. However, on 19.02.2005 having thought over the issue, it was decided that the complaint should be lodged. The said explanation is probable and delay of two days cannot be made basis to find that a false complaint has been filed against the appellant. There are no reasons given as to why P.W.3 would falsely implicate the appellant.
7. As seen from the FSL report, the victim girl was examined by P.W.6-Doctor, who collected the vaginal smears of the victim girl. PW.6, after seizure of victims clothes, the same were sent to FSL for report. P.W.13, the Assistant Director of APFSL found that vaginal smears and on the wearing apparel, semen and spermatozoa were found. The wearing apparel, which is light pink colour polyster langa was seized from the victim girl, P.W.3. On the basis of the FSL report, P.W.6 gave final report stating that smears and 5 spermatozoa were detected on the wearing apparel and on physical examination sexual assault cannot be denied.
8. Learned counsel for the appellant relied on the judgment reported in the case of Kuldeep K.Mahato v. State of Bihar1. In the said case, the Hon'ble Supreme Court found that when there were no injuries and the conduct of the appellant therein was found to be one of consent, the Hon'ble Supreme Court acquitted the appellant therein. In the present case, P.W.3, who is the victim girl had specifically deposed regarding the commission of rape by the appellant. The medical evidence also supports the version of the victim girl. As argued by the learned counsel for the appellant, eye witnesses ought to have been examined has no basis. The evidence of the victim girl, if inspires confidence, then no other corroborating evidence is required. Not having any eye witnesses, would not be in any manner impact the prosecution case. The victim did not state that she was dragged on any rough surface to receive injuries. 1 AIR 1998 Supreme Court 2694 6 Not finding any injuries on the body is of no consequence when the substantive evidence in the case is believable.
9. In view of the foregoing discussion, there are no infirmities or illegalities in the well reasoned judgment passed by the learned Sessions Judge, as such, the same is hereby confirmed. The trial shall take steps to secure the presence of the appellant and sent him to prison to serve out the remaining sentence. The sentence of imprisonment already undergone during investigation and post conviction, shall be given set off under Section 428 of Cr.P.C.
10. Accordingly, the Criminal Appeal is dismissed.
__________________ K.SURENDER, J Date: 02.09.2022 kvs 7 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1196 OF 2009 Date: 02.09.2022.
kvs 8