M.Raju Goud Raju, vs The State Of A.P., Rep By Pp.,
2022 Latest Caselaw 4582 Tel

             HON'BLE SRI JUSTICE K.SURENDER

             CRIMINAL APPEAL No.606 OF 2009
JUDGMENT:

1. The appellant was found guilty of raping P.W.1/victim,

aged around 13 years and sentenced to undergo rigorous

imprisonment for a period of seven years vide judgment S.C

No.11 of 2009 dated 03.06.2009 passed by the II Additional

Metropolitan Sessions Judge, Hyderabad. Aggrieved by the

same, present is filed.

2. The case of the prosecution is that P.W.1/victim girl did

not go to school on 28.02.2008 due to fever and was sitting in

front of her house. The appellant forcibly took her into the

bathroom of one Raju, which is at a distance of 50 feet and

undressed her. The appellant also opened his pant zip and

forcibly put his penis into her vagina. Due to the forcible

penetration, blood came out from her private part. After PW1

came out, she informed her parents, as such, complaint Ex.P1

was filed. The said complaint was filed at 6.00 p.m on

28.02.2008. P.W.1 was sent for medical examination. P.W.3,

the Doctor examined the victim/P.W.1 and stated that

external injuries were not present. Doctor found hymen was

torn, fresh tear, mild oozing present. However, sutures were

not required. After receiving of FSL report, P.W.1 gage opinion

that sexual intercourse could not be ruled out.

3. None appeared for the appellant for several

adjournments.

4. Suspension of sentence was cancelled and it was directed

to issue Non Bailable Warrant. The warrants were returned

unserved as appellant was not found and a report was filed by

the concerned police. Since the counsel on record did not

appear continuously, legal aid counsel was appointed.

5. Learned legal aid counsel submits that P.W.1's version

cannot be believed for the reason of P.W.1 being taken to a

room, which was at a distance of 50 feet and there are no

independent witnesses. Further, the medical certificate Ex.P4

shows that there were no injuries. The semen and

spermatozoa were not detected for which reason, it cannot be

held that P.W.1 was raped. Accordingly, prayed that the

appellant be acquitted of the charge.

6. Heard learned Assistant Public Prosecutor and perused

the record.

7. As seen from the evidence on record, P.W.1 was sitting in

front of her house when she was dragged to the nearby room

where the appellant committed rape on the victim/P.W.1.

Though the other witnesses P.Ws.4 and 5 turned hostile to the

prosecution case, the said hostility has no bearing on the

evidence of P.w.1. P.W.1 specifically narrated as to how the

incident occurred. The said forcible penetration act of the

appellant resulted in P.W.1 receiving injuries on hymen and

fresh tear was found. Further, P.W.3, the Doctor also noticed

mild oozing. In the said circumstances, when P.W.1 victim girl

was examined by P.W.3 immediately after the complaint was

lodged, having found the injuries which were received by

P.W.1, P.W.3 gave opinion that sexual assault could not be

ruled out.

8. The clothes of the appellant were seized. Not finding

semen and spermatozoa on the clothes of the appellant will

not have any bearing on the prosecution case being incorrect.

The evidence of P.W.1 cannot be doubted only for the reason of

suggestion being made she had complained for the reason of

the appellant scolding P.W.1 and others when they were

playing in front of her house.

9. As already discussed, not finding any semen and

spermatozoa on the wearing apparel of the victim, P.W.1 and

the appellant, have no bearing when the evidence of P.W.1 is

totally reliable. However, blood was found on the wearing

apparel of P.W.1.

10. In the said circumstances, no grounds are made out to

interfere with the order of conviction recorded by the trial

Court in SC No.11 of 2009

11. Accordingly, Criminal Appeal is dismissed. The

concerned Magistrate Court shall take steps to secure

presence of appellant and send him to prison to serve out the

remaining part of the sentence.

__________________ K.SURENDER, J Date: 13.09.2022

kvs

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.606 OF 2009

Date: 13.09.2022.

kvs