JUDGMENT :

G. ANUPAMA CHAKRAVARTHY, J.

1. This appeal is arising out of the judgment dated 29.01.2014 in S.C. No. 450 of 2012 on the file of the VIII Additional District and Sessions Judge, Medak.

2. The appellant is the sole accused. A charge sheet is filed against the accused for the offences punishable under Sections 376 (f) and 302 of IPC. The trial Court, after considering the evidence on record, convicted the appellant under Section 235(2) of Cr.P.C. for the offences punishable under Sections 376(f) and 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- for the offence punishable under Section 302 of IPC and to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- for the offence punishable under Section 376(f) of IPC. Both the sentences shall run concurrently.

3. The brief case of the prosecution is that on the date of incident i.e. 02.10.2011 the deceased aged about 8 years, studying rd class, was sent to fetch toddy from the toddy shop. The accused watched a blue film on his phone by inserting a memory card and after watching the said film, dragged the victim girl into a old building, committed rape, beat her on the face and forehead and murdered her with a suspicion that she would inform about the rape to others. Later, he sat near the market yard and after sometime he showed the dead body to the uncle of the deceased i.e. PW-2 who was searching for the girl. Further, PW-2 and accused informed about the dead body of the deceased to the grandmother of the deceased. On that, the grandmother of the deceased and other villagers went to the scene of offence. Basing on the report/Ex.P-1 given by PW-1, the Station House Officer of Jogipet PS/PW-10 registered a case in Crime No. 143 of 2011 for the offences punishable under Sections 376 (f) and 302 of IPC, who in turn issued express FIRs. to all the concerned.

4. During the course of investigation, PW-11/investigating officer conducted inquest panchnama over the dead body of deceased in the presence of panchayatdars, prepared the crime detail form and later forwarded the dead body of the deceased for postmortem examination. Further, he recorded the statements of witnesses and collected material objects/M.Os.1 to 5 from the scene of offence. During the course of investigation, PW-11 apprehended the accused and on interrogation, the accused confessed his guilt in the Police Station, in the presence of PWs. 7 and 8 and pursuant to the confession, PW-11 recovered M.Os.6 to 8 and later produced the accused before the Magistrate, for judicial remand.

5. The Doctor/PW-9 who conducted postmortem examination over the dead body of the deceased, found 5 external injuries over the dead body of the deceased and issued portmortem report/ Ex.P-7. Further, basing on the Forensic Science Laboratory report i.e. Ex.P-6, opined that the cause of the death of the deceased was due to head injury and the deceased was subjected to sexual intercourse before her death. After receiving the postmortem report of the deceased and on completion of the investigation, the investigating officer filed the charge sheet against the accused for the offences punishable under Sections 376(f) and 302 of IPC.

6. During the course of trial, charges were framed against the accused for the offences punishable under Sections 376(f) and 302 of IPC, read over and explained to him, for which, he pleaded ‘not guilty’ and claimed to be tried.

7. On behalf of the prosecution, PWs. 1 to 11 were examined and Exs.P-1 to P-8 and M.Os.1 to 8 were marked. The accused was examined under Section 313 Cr.P.C. and he denied the incriminating evidence of the prosecution. Exs.D-1 to D-3 were marked on his behalf.

8. It is relevant to mention the relationships between the witnesses for better appreciation of the facts. The deceased/girl, aged about 8 years and was studying in 3rd class. PW-1 is the grandmother of the victim, who saw the dead body of the deceased without cloths