The main legal point established in the judgment is the standard of proof required to establish guilt in a rape case, the admissibility of corroborating evidence, and the significance of medical evidence in proving the commission of the offense.

JUDGMENT :

The unsuccessful accused in Sessions Case No.160 of 2008, on the file of Sessions Judge, Mahila Court, Vijayawada (“Sessions Judge” for short), challenging the judgment, dated 02.03.2009, filed the present Criminal Appeal. The unsuccessful accused in the above said case faced charge under Section 376 of the Indian Penal Code (“I.P.C” for short) and after completion of trial, he was convicted under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for six months.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the Sessions Judge, Mahila Court, Vijayawada, for the sake of the convenience.

3. The Sessions Case No.160 of 2008 arose out of a committal order in P.R.C.No.30 of 2008, on the file of I Additional Chief Metropolitan Magistrate, Vijayawada, pertaining to Crime No.166 of 2008 of Satyanarayanapuram Police Station, Vijayawada City, alleging the offence under Section 376 of I.P.C.

4. The State, represented by the Inspector of Police, S.N. Puram Police Station, Vijayawada City, filed a charge sheet as above alleging in substance as follows:

(i) The accused is resident of Bhanu Nagar, Vijayawada. He is working as night watchman in Satyabhama cloth stores. The daughter of the accused is running Lakshmi Fancy and Clothes Stores at Cement Road, Bhanu Nagar. The accused being night watchman used to look after the shop of his daughter during day time. He developed evil intention towards the victim girl who used to purchase fancy articles from the said shop.

(ii) L.W.1, the victim girl, is studying 7th class in S.T.V.R.M.C.H. School. She is living with her mother L.W.2- Bondada Lakshmi and her elder brother in a thatched house for rent near railway track. Her father died in an accident about one month back. Her mother used to do coolie works to look after the welfare of the children.

(iii) As the shop of the daughter of the accused is very nearer to the house of the victim, she used to visit the shop frequently for purchase of bangles, ribbons, nail polish, etc. Two days prior to Ugadi festival, she went to the said fancy shop and by then the accused was transacting the business. She asked the accused for nail polish and the accused told her that the nail polish and ribbons are in his house and took her to his house, which is situated in the next street. He took the victim to the middle room where a cot is lying and asked her to remove her clothes and lye on the bed. When she refused to do so, he threatened her that he would kill her mother and brother and made her to remove her clothes. He also removed his clothes and laid on her and raped her. He gagged her mouth not to shout. Afraid of the words of the accused, the victim did not disclose the offence to anybody. Afterwards also whenever victim goes to school, accused used to threaten her and asked her to come to his house. He frequently gives nail polish without taking money.

(iv) On 11.04.2008 at 1-30 p.m., the accused threatened and took the victim to his house and again raped her. When victim went to the house of the accused, the neighbourers L.W.4-Peketi Vara Lakshmi, L.W.5-Jampala Prasanna, L.W.6- Kadavala Lakshmi and L.W.7-Datti Parvathi, saw her. Thereafter, the accused went to the school of victim and asked her to come to his house which was also witnessed by L.W.8- Cheemala Gunnamma @ Gundamma, who is the friend of the victim. Gundamma immediately informed the same to L.W.2, the mother of the victim and when the mother of the victim enquired her, she disclosed the entire incident. Then the mother of the victim went to the house of the accused to question him and accused ran away from the house. Later, L.W.2 and the brother-in-law of the victim i.e., L.W.3-Vinjarapu Ramu took the victim to S.N. Puram Police Station and reported the matter to the police.

(v) L.W.17-Sub-Inspec