2002 Supreme(AP) 1458
2003 (2) Crimes 132
K.C. Bhanu, J.
Palaparthy Vijaya Kumar —Appellant
versus
State of A.P. —Respondent
Crl. Appeal No. 62 of 1999
Decided on 20-12-2002
Counsel for the parties:
For the Appellant : Mr. C. Praveen Kumar, Advocate.
For the Respondent : Public Prosecutor.
Headnote:Indian Penal Code, 1860 — Sections 376 & 506(2) — Appellant as Junior Assistant in Govt. High School committed sexual intercourse with prosecutrix, a 17 years old girl, at knife point in the house of accused during night — Accused had brought prosecutrix PW 1 from her village to get her name registered in employ-ment exchange — Accused was also alleged to have taken nude photo-graphs of prosecutrix and threatened her not to disclose incident to any body — Defence plea of appellant that PW 1 was willingly moving with him & was consenting party — Delay of around two months in lodging FIR — Explanation for delay as fear from accused found not convincing —
PW 1 was confronted with some letters showing her acquaintance with accused — Had PW 1 really not been a consenting party, she would not have gone to house of accused — Prosecution could not be said to have proved charge beyond doubt and conviction was liable to be set-aside. (Paras 22, 26, 38 to 40)
Result: Appeal allowed.
K.C. Bhanu, J.— This appeal is directed against the judgment in Sessions Case No. 196/1993 on the file of the Sessions Judge, Mahila Court, Visakhapatnam, wherein the sole accused was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, and in default to undergo simple imprisonment for six months for the offence under Section 376 of the Indian Penal Code, rigorous imprison-ment for seven years and to pay a fine of Rs. 5,000/-, and in default to undergo simple imprisonment for six months for the offence under Section 366 IPC, and rigorous imprisonment for three years for the offence under Section 506(2) IPC. All the sentences were directed to run concurrently.
2. The brief facts, that are nece-ssary for disposal of the appeal, as per the case of the Prosecution, may be delineated as follows:
That the accused was working as Junior Assistant in Government High School, Visakhapatnam, that the victim-Kundarapu Sivalakshmi, who was examined in this case as P.W. 1, was a resident of Ramachandrapuram, village, that on 30-04-1993 at about 6.30 a.m., P.W. 1 and her father P.W. 3, started from their house to go to Employment Exchange at Visakhapatnam to get the name of P.W. 1 registered therein, that at that time the accused approached them and told P.W. 3 that he would get the said work done as he knew all the persons working in the Employment Exchange, that due to faith in the accused. P.W. 3 sent P.W. 1 to Visakha-patnam along with the accused, that accordingly both the accused and P.W. 1 proceeded to Visakhapatnam by bus, that after getting down from the bus the accused informed P.W. 1 that her photographs were necessary for regis-tration of her name in the Employment Exchange, that the accused took P.W. 1 to a Photo Studio, that thereafter they went to the Employment Exchange, that the accused informed P.W. 1 that there was heavy rush in the Employment Exchange, and as such he took P.W. 1 to a hotel and they had Tiffin in the hotel, that when they were going to the Employment Exchange after taking Tiffin, P.W. 6 Bandaru Mutyalanaidu saw them going together near the Employment Exchange, that the accu-sed informed P.W. 6 that after registration of the name of P.W. 1 in the Employment Exchange he would send her back to Ramachandrapuram,
that after going to the Employment Exchange the accused told P.W. 1 that there was heavy rush in the Employ-ment Exchange and left her there and returned at about 5.00 p.m. and got her name registered in the Employment Exchange, that thereafter the accused took P.W. 1 to his house stating that there would be no buses available from Viskhapatnam to Chodavaram after 5.00 p.m., that P.W. 1 slept in the house of the accused, that during the midnight the accused woke her up, threatened her at the point of knife and had intercourse with her forcibly and obtained a letter from her to the effect that she would marry him, that he also threatened that if she revealed the incident to anybody, he would kill her, that the accused forcibly removed her clothes from her body and took nude photographs of her upper portion of the body with a camera, that he again threatened her that he would kill her and throw her body into the sea if she informed the incident to anybody, that on the next day of incident at about 8.00 a.m., she returned to her house, that P.W. 3 asked her as to why she did not return on the previous night, but she did not reveal the incident to her father due to fear of the accused and to save her family’s honour, that on 11-6-1993 P.W. 2-K. Atchayyamma, the elder sister of P.W. 1, received a cover by post which contained a nude photograph of P.W. 1 and a letter in the handwriting of P.W. 1 expressing her intention to marry the accused, that she felt very bad as the accused was of the age of her father, and proceeded to Ramachandra-puram and informed about the same, to her father, that then P.W. 1 informed about the entire incident to them, t