IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, B.V.L.N. CHAKRAVARTHI, JJ.
Kuruva Sreenivasulu, Kurnool Dist. – Appellant
Versus
SHO, Ullindakonda P.S. – Respondent
Criminal Appeal No. 621 of 2015 And Criminal Appeal No. 1101 of 2015
Decided on : 04-01-2023
SC and ST (POA) Act - Section 3(2)(V) - ) Indian Penal Code,1860 - Sections 366, 376(2)(m) and 376(d) and 394 - Appeal against conviction - Offence of Rape - Testimony of victim - Whether prosecution was able to bring home guilt of accused beyond reasonable doubt for offence punishable - Held, Evidence of shows involvement of two persons and prosecution has proved its case beyond doubt against Accused and court acquitted Accused as PW1 failed to identify second accused in identification parade held on - But participation of another person along Accused is proved through evidence of PW1 and medical record - As stated benefit of doubt was given to Accused as failed to identify Accused in Test Identification Parade conducted at earliest point of time but it does not mean that offence was committed by Accused alone and participation of another person is ruled out - Appeal Allowed.
JUDGMENT :
C. Praveen Kumar, J.
1. Heard Sri. G. Vijaya Saradhi, learned Counsel appearing for the Appellant No.1 in Criminal Appeal No. 1101 of 2015; Sri. Shaik Meeravali, learned Counsel appearing for the Appellant No.2 in Criminal Appeal No. 621 of 2015 and Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.
2. Criminal Appeal No. 621 of 2015 is filed by Accused No.2, while Criminal Appeal No. 1101 of 2015 is filed by Accused No.1. Both these Appeals were filed against the Judgment, dated 01.04.2015, passed in SC/ST Sessions Case No. 6 of 2015 on the file of the Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-VI Additional Sessions Judge, Kurnool.
3. Originally, Accused Nos. 1 and 2 were tried for the offences punishable under Sections 366, 376(2)(m) and 376(d) I.P.C. Accused No. 1 alone was tried for the offence punishable under Section 394 I.P.C., while Accused No.2 was tried for the offences punishable under Section 394 r/w. 34 I.P.C. and Section 3(2)(V) of SC and ST (POA) Act. By its judgment, dated 01.04.2015, the learned Sessions Judge convicted both the Accused and sentenced them to (i) suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/-each, in default to suffer simple imprisonment for two years for the offence punishable under Section 366 I.P.C.; (ii) the Accused were further convicted and sentenced to life imprisonment for the remainder of their natural life for the offence punishable under Section 376(2)(m) I.P.C. and to pay a fine of Rs.10,000/-each, in default to suffer simple imprisonment for five years; (iii) the Accused were further convicted and sentenced to suffer imprisonment for life for the offence punishable under Section 376(D) I.P.C., which shall be for the remainder of their natural life and directed to pay a fine of Rs.5,00,000/-each, which shall be used for medical expenses and rehabilitation of the victim in default to suffer simple imprisonment for five years; (iv) Accused No.1 was further sentenced to imprisonment for life for the offence punishable under Section 394 I.P.C. and to pay a fine of Rs.10,000/-each, in default to suffer simple imprisonment for five years and similar imprisonment and fine was passed against Accused No. 2 for the offences punishable under Section 394 read with 34 I.P.C. The substantive sentences were directed to run concurrently.
4. The facts, as culled out from the evidence of the prosecution witnesses, are as under :
i. PW1 is the Victim. PW2 is the Mother of PW1, while PW3 is the Cousin of PW1.
ii. In the year 2011 to 2013, PW1 and PW3 studied Nursing Course in Concor Vocational College. As PW1 could not complete the course, she proceeded towards Kurnool on 16.07.2013 for payment of examination fee along with PW3. Both of them reached Kurnool at about 3.00 A.M. on 17.07.2013. Both of them stayed in the Railway Station and thereafter engaged an auto and proceeded towards their hostel. On that day PW1 paid the examination fee by afternoon and in the evening came out to purchase necessary articles to the sister of PW1 i.e. PW3 and thereafter returned back to the hostel by 8.30 P.M. As there was an express train to go to Bangalore at 10.30 P.M., PW1 boarded a auto outside her hostel to go to railway station. PW1 was alone when she boarded the auto and when the auto reached near C-Camp Centre; Accused No. 2 boarded the auto like a passenger. Thereafter, Accused No.1 proceeded towards a road by the side of Masjid. When PW1 questioned as to why he is taking the auto through the said road, deviating from the General Hospital Road, he replied that there is a shortcut to reach railway station. As the auto was driven in high speed and when it reached a petrol bunk on Gooty Road, PW1 entertained suspicion and tried to come out of the auto. But, Accused No. 2, who was sitting in the back seat along with Accused No.1 threatened her with dire consequences.
iii. Accused No. 1 took the auto towards Tha
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