Telangana High Court
Utnoori Thivupathi vs The State Of Telangana on 22 September, 2023
Bench: K.Surender
HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.81 of 2022
JUDGMENT:
1. The appellant was convicted for the offence under Sections
376 & 323 of IPC and sentenced to undergo rigorous imprisonment
for a period of seven years and six months, respectively vide
judgment in Special Sessions Case No.5 of 2016, dated 21.02.2022
passed by the Special Sessions Judge for Fast Tracking the cases
relating to Atrocities against Women-cum-VI Additional District and
Sessions Judge, at Adilabad. Aggrieved by the same, present appeal
is filed.
2. Briefly, the case of the victim/P.W.1 is that on 19.04.2011,
she went to the cotton fields in the morning for plucking cotton. At
about 4.00 p.m, while she was returning to her house, the
appellant came in the opposite direction, caught hold of her and
dragged into the cotton field of others. He kissed and bit all over
her body. He also beat her indiscriminately. She fell on the ground
and received injuries on the waist and other parts of her body.
Appellant forcibly committed rape and left the place. She got up
and after walking some distance, she fell on the road. Her
condition was informed to her in-laws by other villagers. Thereafter,
she was taken to the hospital in an unconscious state. The acts of
the accused were informed to the relatives and also the police.
Ex.P29 complaint was lodged on the same day in the evening at
9.00 PM. The victim was sent to the Doctor/P.W.14, who examined
her. Vaginal smears were taken and sent for analysis. Ex.P25 is the
analysis report. In the said analysis, no semen or spermatozoa were
detected on petty coat, saree or vaginal smears which were
collected from P.W.1/victim. However, human semen and
spermatozoa were detected on the undergarments of the accused.
3. Learned counsel appearing for the appellant would submit
that false case was filed against the appellant since there were
disputes regarding the path way. The narration of the victim is
highly improbable since several villagers would be going by walk in
the route and none of them noticed anything. Further, the medical
evidence is also not supporting the case projected by the victim.
4. On the other hand, learned Public Prosecutor would submit
that the evidence of P.W.1 is convincing and the evidence would be
sufficient to record conviction. Accordingly, the version of the
appellant that he has not committed rape cannot be believed.
5. Admittedly, the victim fell unconscious after the incident and
she was taken to the hospital where she regained consciousness.
Victim did not take bath after the alleged incident. All the
independent witnesses, P.Ws.3, 4, 5 and 6 turned hostile to the
prosecution case. The independent panchas for seizure of clothes of
victim, accused and scene of offence, who are P.Ws.8, 9, 10, 11, 12
and 13 all turned hostile to the prosecution case.
6. Admittedly, there are no injuries on private parts of the
victim. No semen or foreign hairs were found. However, there are
multiple abrasions on the body, bite marks on the breasts and
contusion on the breasts. Bite marks were found on the right
shoulder and multiple scratches on the cheek. It appears that there
was physical assault and attempt was made to rape. However, no
rape was committed. As seen from the injuries received, it is
apparent that there was a struggle in between the appellant and
the victim/P.W.1.
7. In the peculiar facts and circumstances of the present case,
this Court deems it appropriate to set aside the conviction for the
offence under Section 376 of IPC. However, the appellant is
convicted under attempt to rape punishable under Section 376 r/w
511 of IPC and sentenced to undergo rigorous imprisonment for a
period of three years. The conviction under Section 323 of IPC
remains unaltered. Since the appellant is on bail, the trial Court
shall cause appearance of the accused and send him to prison to
serve out remaining part of sentence.
8. Accordingly, the Criminal Appeal is partly allowed.
Consequently, miscellaneous applications, if any pending, shall
stand closed.
__________________
K.SURENDER, J
Date: 22.09.2023.
kvs
HONOURABLE SRI JUSTICE K.SURENDER
Criminal Appeal No.81 of 2022
Date: 22.09.2023
kvs
