Telangana High Court
Syed Quasim Khasim vs The State Of A.P. on 15 September, 2022
Bench: K.Surender
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
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
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
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
THE HON'BLE SRI JUSTICE K.SURENDER
Crl.A.No.668 of 2009
Dated:15.09.2022
kvs
