The main legal point established in the judgment is that while the evidence supported the conviction for kidnapping, it was insufficient to establish the allegations of rape and sexual assault due to the lack of testimony from the victim regarding these specific acts.

JUDGMENT :

A.V. RAVINDRA BABU, J.

1. Challenge in this criminal appeal is to the judgment, dated 20.12.2010 in Sessions Case No. 4 of 2008, on the file of the Special Sessions Judge for trial of Cases under SCs & STs (POA) Act, Visakhapatnam (Old S.C. No. 4 of 2005 on the file of I Additional Metropolitan Sessions Judge, Visakhapatnam) (“Special Judge” for short) where-under the learned Special Judge found the accused guilty of the charges under Sections 363 and 376 of the Indian Penal Code (“IPC” for short) and further the charge under Section 3(1)(xii) of SC & ST (POA) Act, 1989, convicted him under Section 235(2) of the Code of Criminal Procedure Code (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for five years for each for the said charges and to pay fine of Rs.500/- for each charge and in default to suffer simple imprisonment for one month each and that the sentences of imprisonment as above shall run concurrently.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Special Judge for the sake of convenience.

3. The Sessions Case No. 4 of 2008, on the file of the Special Sessions Judge for trial of Cases under SCs &STs (POA) Act, Visakhapatnam (Old S.C.No. 4 of 2005 on the file of I Additional Metropolitan Sessions Judge, Visakhapatnam) arose out of a committal order in PRC No. 11 of 2005 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam in Crime No. 287 of 2004 of IV Town Law & Order Police Station, Visakhapatnam.

4. The case of the prosecution, in brief, according to the charge sheet filed by the Assistant Commissioner of Police, North Sub-Division, Visakhapatnam City, in the aforesaid Crime Number is that the accused is a Contractor and living with his wife in Madhavadhara, Vuda Layout in a rented house. L.W.2-Duppada Adilakshmi and L.W.3-Duppada Ellayya are also living at the same place as watchmen in an apartment situated nearby the house of the accused along with their minor daughter i.e. L.W.1-victim, aged about 15 years. As they are poor, they sent their daughter to the house of accused as a servant-maid. While serving in the house of accused as a servant-maid, the accused used to abuse L.W.1 sexually by placing his hands on her waist. Whenever his wife was in the bathroom, the accused used to have sexual intercourse with her many times in his house. As the parents of the victim came to know about the behaviour of the accused with the victim, they shifted the residence to Pothinamallayyapalem in order to avoid danger to the victim in the hands of the accused. Even after change of the residence, the accused did not stop meeting L.W.1 by taking her to other places. While so, on 15.09.2004 in the afternoon, victim was found missing for which the parents of victim suspected the accused in this regard and asked him about their daughter. The accused and his wife handed over the missing girl on 02.10.2004 at the house of L.W.4-Duppada Parvathi at Abidnagar, Akkayyapalem, which indicated that missing girl was in the custody of the accused. On 03.10.2004 also accused went to the house of L.W.4-Parvathi and had a talk with the victim. Again on 04.10.2004 victim was found missing from the house of L.W.4-Parvathi for which L.W.2, the mother of the victim, submitted a report in IV Town Law & Order Police Station on 12.10.2004 after causing enquiries about missing girl. The said report was registered as a case in Crime No. 287 of 2004 under the head of “girl missing” by L.W.15-K. Rama Chandra Rao, Asst. Sub Inspector of Police, IV Town Law & Order Police Station. During investigation, the missing girl was found as she was brought to the police station by her parents. L.W.16-K. Lakshmana Murthy, Sub Inspector of Police, IV Town Law & Order Police Station, recorded the statement of missing girl in which she stated that she was kidnapped by the accused and his associates whose names she