O R A L J U D G M E N T:

Heard Sri K.Sureshkumar Reddy, learned counsel for the appellant/accused and Sri C.P.Somayaji, learned Additional Public Prosecutor representing the respondent/State.

2. The appeal is preferred by the accused challenging the order of conviction recorded by the trial Court in S.C.No.75/2007 on the file of Assistant Sessions Judge, Guntur District at Bapatla, vide judgment dated 06.07.2009.

3. For the sake of convenience, the parties hereinafter referred to as they were arraigned before the Sessions Court.

4. The Assistant Sessions Judge convicted the accused for the offence U/secs.376 and 307 IPC and sentenced the accused to suffer rigorous imprisonment for a period of ten (10) years and to pay fine of Rs.5,000/’- (Rupees Five Thousand only) for the offence U/s.376 IPC and also to suffer rigorous imprisonment for a period of ten (10) years and to pay fine of Rs.5,000/- (Rupees Five Thousand only) for the offence U/s.307 IPC.

CASE OF THE PROSECUTION:

5. The case of the prosecution is that the accused and P.W-1 (victim) are residents of Sammetavaripalem Village. On the date of offence, at about 07.30 p.m. the parents of P.W-1 i.e., P.Ws-2 and 3 went to Kanagala Village to attend death ceremony of their relative. P.W-1, P.W-4, P.W-5 and P.W-6 i.e., sisters and brother of the victim and victim are present in the house. The victim went to bathroom located near the house to have bath. The bathroom is a makeshift construction made with cloth material draped around, to keep privacy of the person taking bath. P.W-1 entered into the bathroom, removed clothes, except petty coat for taking bath. The accused came behind P.W-1, committed penetrative sexual assault. He gagged P.W-1 when she is making cries. The accused left the place, went to a room in the house of P.W-1, where agriculture implements are stored. He collected a pesticide tin available there. He returned to the bathroom and administered the pesticide to P.W-1 and went away. P.W-1 completed bath and returned to the house. She sat on the cot located in the verandah of the house. P.W-4 i.e., sister of P.W-1 noticed P.W-1 feeling uncomfortable. P.W-4 questioned P.W-1. Then, P.W-1 narrated the incident occurred in the bathroom. Thereafter, P.W-1 became unconscious.

6. P.W-1 regained consciousness at 12.00 p.m. on the next day in the hospital of P.W-11 G.Laxmi Narayana. P.Ws-2 and 3 and S.Siva Parvathi (P.W-8) and others were present beside P.W-1. Therefore, P.W-1 narrated the incident to her parents. Immediately P.W-2 went to Bapatla. He made a statement to police about the incident. A Woman Police Constable and others accompanied by parents of P.W-1, shifted P.W-1 to the Government General Hospital at Guntur. The doctor (P.W-9) conducted medical examination, later issued Ex.P-8 opinion regarding examination of P.W-1 and condition of P.W-1 at the time of examination.

7. P.W-2 presented Ex.P-1 report on 23.0-2.2006 to P.W-10/SI of Police, Karlapalem village. He registered the same as a case in Cr.No.11/2006 for the offence U/secs.307 and 376 IPC vide Ex.P-10 FIR. He submitted the same to the jurisdictional Magistrate and copies to concerned officials. Later, CI of Police (P.W-17) conducted investigation.

8. P.W-17 visited hospital of P.W-11 at Karlapalem Village, examined P.Ws-1 to 3 and recorded their statements. Later, visited scene of offence, observed the same vide Ex.P-18 in the presence of mediators, seized M.O-1 pesticide tin from the scene of offence, prepared Ex.P-20 rough sketch for the scene of offence. P.W-12 had taken photographs of scene of offence vide Exs.P-10 and P-11. Exs.P-12 and P-13 are the corresponding negatives.

9. On 25.02.2006 he examined P.W-13 and others and recorded their statements. The material objects preserved by P.W-9 were forwarded to FSL for examination. P.W-14 issued a certificate regarding age of P.W-1.

10. P.W-17 filed a memo on 17.05.2006 before the Magistrate regarding alteration of section of law to the offence to 417