Back
K. SURENDER
Gopireddy Srinivas – Appellant
Versus
State of A. P. rep. by its Public Prosecutor – Respondent
Key Points: - The court found procedural irregularities in the examination of the victim (leading questions) and questioned the credibility of Pw1’s testimony due to delay and lack of corroboration (!) (!) (!) . - The delay of four months in filing the complaint and the absence of sufficient corroboration cast doubt on the prosecution’s case and supported extending the benefit of doubt to the appellant (!) . - The court criticized the use of leading questions in chief examination and emphasized that such questions should be limited to introductory, undisputed, or already proved facts, recommending hostile witness procedures as an alternative when appropriate (!) (!) (!) .
JUDGMENT :
1. The appellant was found guilty for the offence of rape punishable under Section 376 of IPC and sentenced to undergo rigorous imprisonment for a period of seven years, by the IV Additional Metropolitan Sessions Judge, Hyderabad vide judgment in SC No.85 of 2009 dated 09.12.2009.
2. The case of the prosecution is that P.W.1/victim lodged complaint by giving oral statement which was recorded by the police on 18.03.2008. According to the statement of the victim, about four months prior to lodging complaint, she was residing along with her parents and three brothers. She went out to search for her brother’s son. At that time, the appellant caught hold of her hands, closed her mouth, took her into a school premises and raped her. On 08.03.2008 when she was suffering from fever, her mother/P.W.2 took her to hospital and it was known that she was pregnant. Accordingly, P.W.2/mother and other family members including P.W.3/brother questioned as to who was responsible for the pregnancy. P.W.1 informed that she was raped four months prior, by the appellant. Abortion procedure was done on 13.03.2008. Thereafter complaint was lodged on 18.03.2008 requesting to take necessary action
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
