HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.668 OF 2009
JUDGMENT:
1. The appellant is convicted and sentenced to undergo rigorous imprisonment for a period of seven years for the offence under Section 376 of IPC vide judgment in SC No.459 of 2008, dated 12.06.2009 passed by the III Additional Metropolitan Sessions Judge at Hyderabad. Aggrieved by the same, present appeal is filed.
2. The case of the prosecution is that P.W.6 was aged around 12 years when the incident took place. On 21.02.2007, the mother of the victim girl, who was examined as P.W.1, lodged complaint stating that her daughter P.W.6 who was working in the house of P.W.2 was raped by the appellant.
3. On the said date i.e., 21.02.2007, P.W.6 victim girl was working in the house of P.W.2. When P.W.2 went out, the victim girl was alone in the house. The appellant came to the house of P.W.2 and knocked the doors. After opening the door on seeing appellant who is related, the victim girl was going 2 inside for getting chair. Then the appellant followed her, closed her mouth and took her into the living room and laid her on the sofa and raped her. P.W.6 sustained bleeding injuries on her private part and also started vomiting. The appellant gave Rs.100/- to P.W.6 victim girl and asked her not to inform to anyone. The appellant is none other than the maternal uncle of the victim.
4. None appeared for the appellant, though the case was listed several times. However, keeping in view that the appeal is of the year 2009, I have gone through the entire record and the judgment is being passed.
5. As seen from the evidence of P.W.6, the victim girl stated that in the absence of P.W.2, who is the owner of the house where she works, the appellant came there and raped her in the adjoining room on the sofa. The Doctor, P.W.5 examined the victim girl P.W.6 and found that there were recent tears of hymen and blood was coming out. The garments of the victim girl and also vaginal swabs were collected and sent for forensic analysis. P.W.5, the Doctor found that there was evidence of 3 recent sexual intercourse and accordingly, gave Ex.P4 report. Ex.P5 is the FSL report, wherein it was found that semen and spermatozoa were not detected on any of the items.
6. The defence of the appellant is that to extract money, the mother PW1 and her husband foisted a false case and the same was suggested that P.W.1's husband and the appellant were quarrelling with regard to some money transactions, for which reason, a false complaint was against the appellant.
7. The said defence taken by the appellant cannot be believed. No mother would come forward with the complaint alleging that her 12 year old child was raped only to implicate her brother. Except bald statement that a false complaint was made for monetary reasons regarding some disputes, there are no specific details given regarding any such disputes.
8. The medical record clearly indicates that the victim girl, P.W.6 was subjected to rape. The medical report of P.W.5 shows that there was evidence of recent sexual intercourse and hymen of the victim girl was found to be torn and blood was coming out of her private parts. A complaint was made 4 on the very same day of the incident and the victim girl was examined immediately by P.W.5.
9. In the said circumstances, there are absolutely no grounds to interfere with the judgment of conviction which is based on the evidence of the victim girl and also corroborated with the medical evidence.
10. In the result, the Criminal Appeal fails and the same is dismissed. The concerned Court is directed to take steps to secure the presence of the appellant and send him to prison to serve out the remaining part of imprisonment.
_________________ K.SURENDER, J Date:15.09.2022 kvs 5 THE HON'BLE SRI JUSTICE K.SURENDER Crl.A.No.668 of 2009 Dated:15.09.2022 kvs