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
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
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
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
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
