THE HON’BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 1037 OF 2010

JUDGMENT:

This criminal appeal is filed by the appellant/Accused, challenging the conviction recorded by the Additional District & Sessions Judge, Kamareddy, in SC.No.165 of 2007 dated 28.06.2010, whereby the learned Sessions Judge convicted the appellant/accused for the offence under Section 376(2)(f) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000/-.

2. PW.1 is the father of the victim girl-G.Latha, examined as PW.3. He lodged a complaint on 01.01.2007 stating that on 29.12.2006, at about 12.30 P.M., while PW.3 was in the house, the appellant, who was his neighbor, called her to his house, and committed rape on her. The matter was taken before the elders, thereafter, a complaint was filed with the Police. Then, PW.3 was sent to the doctor for medical examination.

3. PW.11 is the doctor who examined the victim girl, and PW.11 stated as follows:

“The said girl has not attained her puberty. I did not find any external injuries either on her body or on her private parts. But I found that her hymen was ruptured in posterior mid line inter