JUDGMENT :

The Criminal Appeal is filed, against the conviction and sentence imposed in Sessions Case No.86 of 2007, on the file of Sessions Judge, Mahila Court, Vijayawada, wherein, the sole accused was tried and convicted for the offence punishable under Section 376 of Indian Penal Code, 1860 [for short, “I.P.C.”] and sentenced to suffer Rigorous Imprisonment for a period of seven (7) years and to pay fine of Rs.1000/- and in default, to suffer Simple Imprisonment for a period of three (3) months.

2. The substance of the charge against the accused is that on 16.10.2005 at about 11.00 hours at M.R. Lakshmana Rao Street, Bhimanavaripeta, Vijayawada, the accused said to have committed rape on a minor girl, aged about 13 years while she was moving in the compound.

3. The facts, as culled out from the prosecution witnesses, are as under :

(i) P.W.1 is the grandfather of the alleged victim, while one Anasuyamma is his wife. The house, in which P.W.1 was living consists of three portions. In one portion P.W.1 along with P.W.2 and others live while one Achari resides in second portion and the accused used to reside in the rear portion of the said house. P.W.2 the victim was affected with brain tumour while she was six months of age, and since then she has been staying in the house. When the alleged victim was aged about 13 years, the incident in question is said to have been taken place. On the said date i.e., on 16.10.2005 at about 11.00 A.M., in the morning P.W.2 was not found in the house. It is said that at about 7.00 A.M., when P.W.2 went out to pass urine, the accused gave money to her and asked her to give the same to her grandmother. At the same time, the accused took her into his portion, closed her mouth, removed her cloths and committed rape on her.

(ii) P.W.1 along with his wife searched for her, but in vain. At about 11.00 A.M., when they came near to the portion of the house of the accused, noticed the accused coming out of his house while P.W.2 came behind him weeping. When asked as to what happened, P.W.2 is said to have been informed that the accused took her into his portion, closed her mouth and then committed rape on her. The wife of P.W.1 took his granddaughter to the portion of the house of P.W.5 and on examination, found bleeding from her private parts which was informed to P.W.1. Thereafter, P.W.1 along with his wife took their granddaughter to the Police Station, where a report was lodged with P.W.8-Sub-Inspector of Police. Ex.P1 is the said report. Basing on which a case in Crime No.260 of 2005 came to be registered under Section 376 I.P.C. Ex.P9 is the F.I.R. Further investigation in this case was taken up by P.W.9-Inspector of Police, who on receipt of Ex.P9, secured P.Ws.1 and 2 and recorded their statements. P.W.9 instructed P.W.8 to take the injured to Government General Hospital, Vijayawada, for medical examination. P.W.9 visited the scene of offence and prepared an observation report of the offence which is marked as Ex.P10. P.W.9 also prepared a rough sketch of the scene, which is marked as Ex.P11. He examined P.Ws.5, 6 and others and recorded their statements.

(iii) P.W.3-Assistant Professor, Siddardha Medical College, examined P.W.2 on 16.10.2005 at 10.10 P.M., and found no injuries on her body. On examination of private parts, she found on the lower part of vaginal and on lower part of L. Majora and left minora coated with white material. Linear abrasion of about 0.4 cms was also noted. The Vagina was admitting one finger with difficulty. Ex.P2 is the wound certificate of P.W.2 issued by P.W.3.

(iv) P.W.9 who continued with the investigation, arrested the accused at Milk factory centre in Bhimanavaripeta, Vijayawada on 17.10.2005 in the presence of P.W.7. On interrogation, he confessed about the commission of offence. Pursuant thereto lungi worn by him, at the time of commission of the offence, was recovered, which is placed on record as M.O.4. Ex.P12 is the panchanama for the said seizure.

4. After coll