Telangana High Court
Dinesh Ram vs The State Of A.P. on 2 July, 2024
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.872 OF 2012
JUDGMENT:
1. The appellant was convicted for the offence under Section 376(2)(f) of IPC and sentenced to undergo rigorous imprisonment for a period of 10 years and one year simple imprisonment under Section 451 IPC vide judgment in S.C.No.335 of 2010 passed by the Assistant Sessions Judge at Medak. Aggrieved by the said conviction, present appeal is filed.
2. Briefly, the case of the prosecution is that the victim girl/P.W.2 and the appellant were living in the same locality. The father /P.W.1 and mother of victim girl were coolies. Father, mother and brother went out and P.W.2/victim girl was alone in the house. According to P.W.2, when she was alone in the house, the appellant entered into the house, kissed her, and gave biscuits to her and removed her clothes, inserted his penis into her private parts. Thereafter, he left. The mother returned back at 8.00 p.m and P.W.2 was crying. The mother washed her clothes which were having blood stains and on the next day, she was taken to the police station where complaint was lodged. The police sent P.W.2 for 2 the purpose of medical examination. P.W.7/Doctor examined P.W.2 and found the following injuries:
1. Slightly swollen vulval area, hyman ruptured, external os opened. Hardly admitting tip of little finger.
2.Healed scratch mark over front of neck ½ x/ ½ cm
3. Healed scratch mark over right elbow ½ x ½ cm
3. The Doctor also collected vaginal smears and sent for FSL analysis. Having received report, opinion was given by Doctor that sexual intercourse could not be ruled out.
4. On the basis of the evidence of the victim girl/P.W.2 and medical evidence, Court below found that the offence of rape was committed by the appellant and accordingly, convicted him as stated supra.
5. Since there was no appearance continuously by the counsel on record, this Court appointed Sri V.Ravi Kumar, retired District Judge as legal aid counsel.
6. Learned legal aid counsel submits that firstly, there is a delay of one day in lodging complaint. There is no medical evidence which 3 specifically states that any semen or spermatozoa was found on the wearing apparel of P.W.2. In fact, the mother had washed the clothes of P.W.2. The 2nd and 3rd injuries, as stated by P.W.7/Doctor are healed scratch injuries on the neck and right elbow. When they are already healed, they would not pertain to the alleged incident. In the said circumstances, benefit of doubt has to be extended to the appellant.
7. On the other hand, learned Assistant Public Prosecutor would submit that solitary testimony of the victim girl is convincing and the same would suffice for the Court to draw an inference that offence of rape was committed. In the present case, nothing was brought on record to show that there was any false implication.
8. P.W.2/victim girl was aged around 7 years when the incident has taken place. She specifically narrated that the appellant had put biscuits in her moth and then committed rape on her by inserting penis in her private parts. The said act is corroborated by the 1st injury that was found by P.W.7/Doctor. Even in the cross- examination by the counsel, the defence taken is that there was a quarrel in between parents of the victim girl and the appellant 4 regarding hanging of clothes for drying. For the said reason, a false case was filed. It is highly improbable that a complaint would be lodged alleging rape on a seven years girl for the reason of such an issue of quarrel for space of drying clothes.
9. Since oral evidence is supported by medical evidence, I do not find any reason to interfere with the finding of the Court below. However, learned legal aid counsel alternatively submits that he has two children to take care of and now he is aged around 60 years. This is the age when he is needed to take care of the family.
10. Keeping in view the manner in which the accident has taken place, though liberal view cannot be taken, however, the incident is of the year 2009, nearly 15 years have passed by, this Court is inclined to reduce the sentence of imprisonment from ten years to seven years.
11. Since the appellant is on bail, the trial Court is directed to cause the appearance of the appellant and send him to prison to serve out the remaining period of sentence. Sentence of imprisonment under both counts shall run concurrently. The 5 remand period if any shall be given set off under Section 428 of Cr.P.C.
12. Accordingly, Criminal Revision Petition is partly allowed.
__________________ K.SURENDER, J Date: 02.07.2024 kvs