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IN THE COURT OF SESSIONS JUDGE, MAHILA COURT,
VIJAYAWADA.
PRESENT: - Smt. I.SAILAJA DEVI,
SESSIONS JUDGE, MAHILA COURT, VIJAYAWADA.
Monday, this the 29th day of April, 2024.
SESSIONS CASE No.164/2023.
(PRC No.33/2023 of VI Addl. Metropolitan Magistrate Court, Vijayawada.)
1.Name of the accused1.Ardakula Srinivas @ Srinu @ Dodla Srinu, S/o.Sada Sivakesavulu, 42 years, C/Padmasali, Patamata, Vijayawada. 2.Kalaga Ravi (Absconding). 3.Kandukuri Nagaraju @ Brahmam, S/o.KoteswaraRao,51years, C/Viswabrahmin, Balaji Nagar, Tadigadapa Village, Penamaluru Mandal, Krishna District.
2. ChargesU/s.376-D, 343, 324 r/w.34 of IPC
3. Finding of the JudgeFound guilty
4. Sentence or orderIn the result, the accused A1 & A3 were found guilty for the offences punishable U/s.376-D, 343, 324 r/w.34 of IPC and they are convicted under Sec.235(2) of Cr.P.C. For the offence under sec.376-D IPC, the accused A1 and A3 are sentenced to undergo Rigorous imprisonment for 10 years and also to pay a fine of Rs.2,000/- (Rupees two thousand only) each in default of payment of fine, to suffer simple imprisonment for six (6) months. For the offence under sec.343-A IPC, the accused A1 and A3 are sentenced to undergo Simple imprisonment for two years and also to pay a fine of Rs.500/- (Rupees five hundred only) each in default of payment of fine, to suffer simple imprisonment for one (1) month.
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For the offence under sec.324 r/w.34 IPC, the accused A1 and A3 are sentenced to undergo Simple imprisonment for two years and also to pay a fine of Rs.500/- (Rupees five hundred only) each in default of payment of fine, to suffer simple imprisonment for one (1) month. The sentences of imprisonment U/s.376-D, 343, 324 r/w.34 of IPC shall
run concurrently.
The remand period if any already undergone by accused A1 and A3 shall be set off under Sec.428 Cr.P.C. The MO1/Lungi, MO2/Blue colour underwear, MO3/Orange Colour shirt, MO4/Dark Mass colour pant, MO5/Sky blue shirt, MO6/Green colour pant, MO7/Parrot green colour blouse, MO8/Red colour inner petticoat & MO9/Pink colour saree. shall be destroyed after expiry of appeal time is over.
Accused A1 and A3 are informed that they can prefer an appeal against the judgment
before the Hon’ble High Court of A.P. at
Amaravati and they can approach the Legal Services Authority of the Hon’ble High Court or the District Legal Services Authority, Krishna District for Legal Aid, if necessary.
5.Prosecution Sri Ch.Vishnu Vardhan, Addl. Public conducted By:Prosecutor, Mahila Sessions Judge’s Court, Vijayawada.
6.Name of the Advocate Sri.B.Karunendra Rao.
for accused.
7. Cr.No. & Name ofCr.No.1030/2022 of Penamaluru Police the Police station.Station.
8. PRC No. & Name of PRC No.33/2023 of VI Addl. Metropolitan
Magistrate Court, Vijayawada.
the Committed Court 3
J U D G M E N T
1) The Sub Inspector of Police, Penamaluru Police Station filed charge sheet against the accused A1 & A3 for the offence punishable
U/s.376-D, 343, 324 r/w.34 of IPC.
2) The case of the prosecution as per charge sheet is that The scene of offence in the case is situated in Door No. 16-136,
Ramalayam Street, near Rekula Maszid, Kanuru village, Penamaluru
Mandal, which comes under the limits of Penamaluru PS and in turn lies within the jurisdiction of this Hon'ble court.
Victim LW-1 Kappi Lakshmi @ Varaja Lakshmi W/o Srinu aged about 37 yrs., Jangalu by caste, native of Pallikona village, Repalli
Mandal, Guntur District, now residing at Footpath, Under flyover, opposite Samaram Hospital, near Benz circle, Vijayawada. She married Kappi Srinu and gave birth to two children namely Dasu and Naga Vardhan. Due to disputes with her husband, she separated from her husband, so that she migrated to Vijayawada at about 3 years back and eking her livelihood by doing daily wages work. At about 2 years back, she had acquaintance with Sattivada
Kantha rao @ Srikanth resident of Kondaguppam village, Nellimarla
Mandal, Vizianagaram District and she went along with him to his native place residing with him in living relationship. She is having habit of consuming liquor, one day when she is drunken state she had quarrel with the villagers, so that Sattivada Kantha Rao took her back to Vijayawada and leave there. Since then she is residing 4 at flyover Benz circle, Vijayawada. At about 1 year, back she had acquaintance with Kastala Balakoti @ Balu resident of Chintalapadu village, Chandarlapadu Mandal, he also not having family, so that they both are living with relation by doing daily wages works.
On 16-12-2022 morning time A-1 Srinu who is working in Sulabh complex (Public toilets) at Eenadu complex and his friend Naga Babu came to her at Benz circle asked her to come for cleaning of a house and they took her to the NTR circle by boarded her in auto get down from the auto, when they reached there one person namely Ravi (A-2) is present there. They all are having alcohol, after that Nagababu left from there. Later, A-1 Srinu and A-2 we took her in to the room of left fronted at Sanath Nagar in Kanunu After completion of house cleaning work A-1 Srinu, A-2 Ravi and their friend A-3 Nagaraju @
Brahman brought liquor bottles after having liquor along with the victim, the accused A-1 to A-3 committed rape upon her one by one forcibly. When she refused to co-operate with them, A-2 beat her with hands, sticks and burnt with lighting cigarettes at her right shoulder, right side check, right hand and backside of the body.
They confined her in the room from 16-12-2022 to 18-12-2022 since evening at 18.30 hrs., committed rape upon her in many times and went outside by locked the doors. On 18-12-2022 at about 18.30 hrs., while she raised cries on hearing the same owner of the room and neighbors rushed to her and saved her. Later, house owner namely LW-3 Kondala rao contacted A-1 Srinu by phone informed to him to come there, when he rushed there Kondala Rao admonished 5
A-1 Srinu about his acts. Later, A-1 picked up her, shifted to Benz
Circle leave there and went away. On came to know the incident LW- 2 Balkoti and neighbors took her to GGH. Vijayawada for treatment from where she shifted to old Govt. Hospital for further treatment, the victim is still undergoing treatment in the Hospital.
In this connection, on 19-12-2022 at 18.20 hrs., on receipt of hospital intimation of the victim LW-1 Kappi Lakshmi @ Varaja
Lakshmi from the duty Medical Officer, GGH, Vijayawada, SI – M.
Arjuna Raju (LW-10) visited the Govt. Hospital, Vijayawada at 18.30 hrs., where he secured the presence of LW-1 recorded her statement and he registered the statement along with hospital intimation of the victim as express FIR in Cr.No.1030/2022 U/s 376-D, 343, 324 r/w 34 IPC of Penamaluru Police Station on 19-12-2022 at 20.30 hrs., he submitted original FIR to the Hon'ble court of VI MM court,
Vijayawada and copies to all the concerned officers and handed over copy of express FIR to LW-11 (Inspector of Police) for the purpose of investigation as the offence is grave in nature.
During the course of investigation, LW-11 visited scene of offence along with mediators (LWs 7 & 8) inspected and got drafted scene observation report duly attested by the mediators. He secured the presence of victim complainant and other circumstantial witnesses examined them as LWs 1 to 6 and recorded their statements U/s 161 Cr.P.C in my Part-II of case dairy.
On receipt of credible information, LW-11 took in to custody of A-1 and A-3 at the burial ground which is situated at the outskirts of 6 kanuri village on 20-12-2022 at 11.00 hrs., and then he interrogated them in the presence of mediators (LWs 7 & 8) recorded their confession statements and it was incorporated in mediators report.
The A-1 and A-3 admitted their guilt, basing on their confession the accused A-1 and A-3 were arrested by LW-11 at 12.30 hrs., after explaining the grounds for their arrest and they produced before the
Hon'ble court along with remand report.
The victim (LW-1) was produced before the medical officer (LW-
9) for conducting necessary medical examination, the medical officer examined the victim and preserved the Mos for chemical analysis.
The Mos sent to the RFSL, Vijayawada through the SDPO,
Gannavaram vide file no. RFSL (VJA)/5215/SER/748/2022 and received chemical analysis report. On receipt of RFSL report obtained final opinion from the medical officer who examined the victim LW—1. The medical officer (LW-9) opined that there is no evidence of recent sexual inter course, but the possibility of sexual assault cannot be ruled out.
LW-11 filed memos before the Hon'ble court U/S 53 (A) CrPC to accord permission to conduct potency test of A-1 and A - 3 , accordingly the Hon'ble court pleased to pass orders. According to the orders of the court the accused A - 1 and A - 3 were produced
before the medical officer LW- 10 to conduct potency tests of A-1 and
A-3. The medical officer conducted potency tests to the accused A - 1 and A-3 issued potency certificates by opined that after thorough physical, clinical, investigatory profile and concerned specialist's 7 examination, it can be concluded that, there is nothing to suggest that the accused A - 1 and A - 3 are capable of performing sexual intercourse of act of coitus.
LW-12 arrest of accused 1 and 3 and send him judicial custody and filing of preliminary charge sheet.
LW-13 Filling charge sheet against the Accused A1 and A3.
A2 in this case is absconding since commission of the offence, sincere efforts are being continuing to trance out him. Separate charge sheet will be filed against A2.
Therefore, the A-1 to A-3 are liable to be punished U/s. 376-D, 343, 324 r/w 34 IPC as they committed Gang rape upon LW-1 by confined her in a room belongs to A-2 for 3 days and caused simple injuries with common intension on the pretext that she resisted their indecent acts.
After completion of investigation he filed the charge sheet against the accused for the offence punishable U/s.376-D, 343, 324 r/w.34 of IPC.
3)The VI Addl. Metropolitan Magistrate Court, Vijayawada has taken cognizance of the offence U/s.376-D, 343, 324 r/w.34 of IPC against the accused A1 & A3 and furnished copies to the accused as per the procedure contemplated under Section 207 Cr.P.C. and committed the case to the Metropolitan Sessions Judge, Vijayawada by following the procedure laid down under Section 209 Cr.P.C.
4) The VI Addl. Metropolitan Magistrate Court, Vijayawada after taking the case on file, made over the case to this court for disposal 8 according to law. On production of accused A1 from District Jail,
Vijayawada and on appearance of accused A3 before this court and on hearing both sides, charges U/s.376-D, 343, 324 r/w.34 of IPC against the accused A1 & A3 were framed and read over the said charges and explained to the accused in Telugu for which they pleaded not guilty and claimed to be tried. The accused A3 is absconding.
5) In order to prove its case, the prosecution examined P.Ws.1 to 9 and got marked Exs.P1 to P14 and MO1 to MO9.
6) After closure of prosecution evidence, accused A1 and A3 were examined under Section 313 Cr.P.C. by putting the incriminating material found against him, for which they denied the same and reported no defence witnesses.
7) Heard.
8) Now, the point that arise for consideration is:
1.Whether the prosecution is able to prove the charges U/s.376-D, 343, 324 r/w.34 of IPC against the accused A1 and A3?
POINT:-
9. The case of the prosecution is that the A-1 to A-3 are liable to be punished U/s. 376-D, 343, 324 r/w 34 IPC as they committed
Gang rape upon LW-1 by confined her in a room belongs to A-2 for 3 days and caused simple injuries with common intension on the pretext that she resisted their indecent acts.and therefore accused is liable for the offence punishable U/s.376-D, 343, 324 r/w.34 of IPC.
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10. In order to prove the above charges the prosecution examined
P.Ws.1 to 9 and got marked Exs.P1 to P14 and MO1 to MO9.
11.PW1/Kappi Lakshmi @ Varja Lakshmi deposed that she is resident of Vijayawada. She know LW.2. She know Accused Nos.1 to 3. She is native of Repalle. She is married with one Srinu she gave birth to two children. Due to disputes she deserved her husband and children and came to Vijayawada. Since then, she is doing coolie works during that period she is having acquaintance with one
Kantha Rao. Herself and said kantha Rao went to his village and stayed for 4 days again herself and Kantha Rao shifted to Benz circle, Vijayawada. The said Kantha Rao deserted her then she had acquaintance with one Balu, they both married. On one day one
Naga Babu along with one Srinu who is close relative to me and asked me whether she intend to go to maid work in the houses.
Then herself, Nagababu and Srinu to go to Kanuru after proceeding sometime one Ravi also boarded the Auto. While on the way said
Ravi purchased one liquor bottle and went to the house. On instruction of Nagababu she cleared the said house. After clearing the room Nagababu, Srinu, Ravi drunk the liquor. After completing the Drinking Ravi and srinu sent to Nagababu from outside. One
Nagaraju is residing adjacent to the house of Ravi. After that both the Ravi, Nagaraju and Srinu got administered the liquor to her and raped her so many times for two days. Both the said Ravi, Nagaraju and Srinu harassed her with cigarettes. On the 3rd day she got conscious and raised the hues, the neighbours came to the house 10 and opened the door. Then the neighbours called A1, after that A1 came there and took her to the Benz circle and left her near the Benz circle centre. On that her husband/Kappi Balu (2nd husband) and shifted her to the hospital and informed him about the incident.
Police came to the hospital and recorded her statement at hospital.
Ex.P1 is the statement given by her to the police.
12. PW2/Kastala Bala Koti deposed that he is resident of
Vijayawada. He know PW.1 and Accused. On 16.12.2022 he left
PW.1 in Benz circle centre and asked her to sit there and also he gave Rs.100/- and informed her that he will return back in the evening hours. After return from work PW.1 was not present in the
Benz circle centre and enquired here and there. On 19.12.2022 in the night hours A1 left the PW.1 near the sand reach. Then he enquired her she narrated the entire incident. Then he called the ambulance then he shifted the PW.1 to the Government hospital,
Vijayawada. Then police came to the hospital and recorded her statement. He was examined by the police. He cannot identify the
Nagaraju and Ravi.
13. PW3/Tungala Peda Kondalal Rao deposed that he is resident of Kanuru village, Penamaluru Mandal, Vijayawada. He know A1.
He let out his house to A2 through one Srinu. He used to go to
Pamarru now and then. At about 2 years back when he was performing pooja at 4:00 P.M then after completion the pooja he went to backyard of his house and he heard some hues (moolugu) he found PW.1 fell on the ground along with A2/Ravi. Opposite to that 11 room A3 was residing he also found empty liquor bottle in the room.
Then he beat A2 with stick then A2 left the house. Meanwhile A3 also came he also beat A3, then A3 left the house. Witness identified
A1 & A3. When he enquired PW.1 she informed him that she was engaged by A2 for Rs.800/- and she further informed him that she was raped by A2. After some time 3 persons came to his house and took away the Pw.1 from his house and he gave Rs.500/- to her. On the next day one Jhansi Rani from Police Station along with A1 to his house and also took him to the Police Station. He was examined by the police.
14. PW4/Pilli Nagendra Babu deposed that he is resident of Benz circle, Vijayawada. He know PW.1. On 16.12.2022 A1 came to us and asked us there was housekeeping work for that PW.1 and along with A1 went for housekeeping work. A1, A2, PW.1 boarded the auto then he went to his work. On 19.12.2022 in the evening hours one
Balu informed him that PW.1 was raped by A1 to A3 and he also found there were scars on hand, wrist on her face and right shoulder. Then, the said Balu called 108 ambulance and PW.1 sent to hospital. He cannot identify the said Nagaraju. A2 was not present in the Court hall. Witness identified A1/Srinu. He was examined by the police.
15. PW5/Vanga Vijay Raja depsed that he had been working as
VRO, Kanuru-3 since 2 years. On 20.12.202022at about 7:30 A.M he along with LW.8 along with police staff went to the scene of offence house bearing D.No.16-136, Sanath Nagar, Kanuru and we observed 12 the scene and C.I of police seized the blue coloured cotton lungi from the scene. He can identify the said lungi. MO.1 is the lungi. C.I of police prepared the scene observation report he put the signature on it. On the same day they were called by the police they all went to the
Kanuru, Smasanam and C.I of police caught hold them when they enquired them. Witness identified the said Srinu/A1. On enquiry
A1 & A3 admitted their guilt of offence. Police prepared the mediators report. Ex.P2 is the scene observation report. Ex.P3 is the mediators report. C.I of police seized the one pair of pant (green colour), shirt (sky Blue) from A1 and one pair of pant (dark mass), shirt (orange) and one underwear (blue colour) from A3. MO.2 is the blue colour underwear. MO.3 is the orange colour shirt. MO.4 is the dark mass colour pant. MO.5 is the sky blue shirt. MO.6 is the green colour pant.
16. PW6/B.S.V.Sivaranjani deposed that presently she had been working as Associate professor, GGH, Guntur since 8 moths.
Previously she worked as Assistant Professor, GGH, Vijayawada from 2022 to 2023. On 19.12.2022 at about 5:22 P.M, she examined PW.1 and found the following injuries: On examination following injuries were found. 1. Abrasion over right clavicle 4X3 C.M 2. Contusion 4
X 4 CM on right cheek 3. Reddish abrasion with overlying skin lost 3
X2 CM over left knee joint lateral aspect 4. Small abrasion 1 X 1 CM over lumbar spine Complain pain all over body complain low backache. All injuries are simple in nature. Age of injuries more than 48 hours ago. All injuries are caused by blunt and both sharp edged 13 weapon in also impact. Based on his case record after receiving of
RFSL and basing on the wound certificate she gave final opinion. She is of the opinion that there is no evidence of recent sexual intercourse, but the possibility of sexual assault cannot be ruled out.
Ex.P4 is the wound certificate. Ex.P5 is the RFSL report. Ex.P6 is the final opinion.
17. PW7/Dr.V.Siva Kameswara Rao deposed that presently he had been working as Associate professor, GGH, Vijayawada from On 14.02.2023 he received requisition from the Hon’ble Court VI AMM,
Vijayawada and he examined A1/Ardakala Srinivas @ Srinu @ Dodla
Srinu and A3/Kandukuri Nagaraju after his physical examination he referred him to specialist doctor for their opinion. After receiving their opinion he issued Potency certificate. After throw physical, clinical, investigatory profile and concerned specialist examination it can be concluded that there is nothing to suggest that the
Kandukuri Nagaraju @ Brahmam is capable of performing sexual intercourse or act of coitus. Ex.P7 is the potency certificate. Ex.P8 is the potency certificate.
18.PW8/M.Arjuna Raju deposed that he is working as S.I of police, Policed Control room, Machilipatnam since 2 months.
Previously he worked as S.I of police, Penamaluru P.S from 06.04.2021 to 08.09.2023. On 19.12.2022 at about 08:20 P.M while he was at Police Station on the receipt of Hospital intimation of the victim/PW.1 as per the statement of the victim/PW.1, he had registered the case in Cr.No.1030/2022, U/s.376-D, 343, 324 r/w 14 34 IPC of Penamaluru Police Station and submitted the original FIR to the concerned authorities. Ex.P9 is the Hospital intimation.
Ex.P10 is the FIR. The offence is grievous in nature he handed over the C.D file to LW.12.
19. PW9/R.Govinda Raju deposed that he is working as Inspector of police, Razole since August, 2023. Previously he worked as
Inspector of police, Penamaluru P.S from 2022 to March 2023. He received C.D file from PW.8 and took up investigation. During the course of investigation he visited the scene of offence along with mediators report PW.5 and LW.8 and observed the scene and got drafted the scene observation report duly attested by mediators. He had examined PW.1 and 2 at hospital and PWs.3 & 4, LWs.4 and 5 at the scene on the next day. On 20.12.2012 he seized blue colour cotton lungi with design from the scene. Later he examined PWs.1 to 4, LWs.4 & 5 and recorded their statements. He seized parrot green colour blouse, red colour inner petticoat, pink colour saree with green colour boarder with green, yellow, blue colour design from
PW.1. On receipt of credible information he took into custody of A1 and A3 at the burial ground which is situated at the outskirts of
Kanuru village on 20.12.2022 at 11:00 A.M and then he interrogated them in the mediators report and he seized sky blue colour full hands shirt, green colour track pant seized from A1. Orange colour half hands shirt having red colour stripes and dark moss colour, blue colour full inner wear seized from A3. He drawn the rough sketch of the scene and photographed the scene. The A1 and A3 15 admitted their guilt, basing on their confessional statement on the same day at about 12:30 P.M he arrested Accused Nos.1 and 3 and produced before the Hon’ble Court for judicial remand. He sent the all material objects to the RFSL for chemical examination through letter of advice. He filed a memo before the Hon’ble Court U/s.53 (A)
Cr.P.C accord permission to conduct potency test of A1 and A3 and produced before the Medical Officer conducted potency test to A1 and A3 and issued potency certificates. After receiving the wound certificate and RFSL report he filed the preliminary charge sheet.
Then he handed over the C.D file to the C.I of police after completion of investigation, he filed the charge sheet against Accused. Ex.P11 is the rough sketch. Ex.P12 is the photos along with C.D. Ex.P13 is the letter advice (7 in number). Ex.P14 is the letter of authorization by SDPO, Gannavaram (4 in number). MO.7 is the parrot green colour blouse. MO.8 is the red colour inner petticoat. MO.9 is the pink colour saree with green colour boarder with green, yellow, blue colour design from PW.1.
Ingredients U/s.376-D Gang Rape:
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine.
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Here in this case Here in this case on 16-12-2022 morning time
A-1 Srinu who is working in Sulabh complex (Public toilets) at
Eanadu complex and his friend Naga Babu came to her at Benz circle asked her to come for cleaning of a house and they took her to the NTR circle by boarded her in auto get down from the auto, when they reached there one person namely Ravi (A-2) is present there.
They all are having alcohol, after that Nagababu left from there.
Later, A-1 Srinu and A-2 we took her in to the room of left fronted at
Sanath Nagar in Kanunu After completion of house cleaning work A- 1 Srinu, A-2 Ravi and their friend A-3 Nagaraju @ Brahman brought liquor bottles after having liquor along with the victim, the accused
A-1 to A-3 committed rape upon her one by one forcibly. When she refused to co-operate with them, A-2 beat her with hands, sticks and burnt with lighting cigarettes at her right shoulder, right side check, right hand and backside of the body. They confined her in the room from 16-12-2022 to 18-12-2022 since evening at 18.30 hrs., committed rape upon her in many times and went outside by locked the doors. On 18-12-2022 at about 18.30 hrs., while she raised cries on hearing the same owner of the room and neighbors rushed to her and saved her. All the prosecution witnesses categorically stated in their evidence that on the date of incident A1 and A3 along with A2 committed gang rape on the victim LW1/Kappi Lakshmi many times one by one and when she refuses A1 to A3 beat her and burnt with lighting cigarettes on her right shoulder. PW3 categorically stated in their evidence that At about 2 years back when he was performing 17 pooja at 4:00 P.M then after completion the pooja he went to backyard of his house and he heard some hues (moolugu) he found
PW.1 fell on the ground along with A2/Ravi. Opposite to that room
A3 was residing he also found empty liquor bottle in the room. Then he beat A2 with stick then A2 left the house. Meanwhile A3 also came he also beat A3, then A3 left the house. Witness identified A1 & A3. When he enquired PW.1 she informed him that she was engaged by A2 for Rs.800/- and she further informed him that she was raped by A2. After some time 3 persons came to his house and took away the Pw.1 from his house and he gave Rs.500/- to her. On the next day one Jhansi Rani from Police Station along with A1 to his house and also took him to the Police Station. He was examined by the police. PW4/Pilli Nagendra Babu categorically stated that on 16.12.2022 A1 came to us and asked us there was housekeeping work for that PW.1 and along with A1 went for housekeeping work.
A1, A2, PW.1 boarded the auto then he went to his work. On 19.12.2022 in the evening hours one Balu informed him that PW.1 was raped by A1 to A3 and he also found there were scars on hand, wrist on her face and right shoulder. Then, the said Balu called 108 ambulance and PW.1 sent to hospital. He cannot identify the said
Nagaraju. A2 was not present in the Court hall. Witness identified
A1/Srinu. Therefore, the ingredients U/s.343 IPC is attracted and accused A1 & A3 are liable for the offence U/s.343 IPC as A1 and A3 confined the victim LW1 for three days and committed gang rape onIngredients U/s.343 Wrongful confinement for three or more days:
18 her several times and also beat her with hands and burnt with lighting cigarettes on her right shoulder and there by she sustained injures.
Ingredients U/s.343 Wrongful confinement for three or more days:
Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.
Here in this case on 16-12-2022 morning time A-1 Srinu who is working in Sulabh complex (Public toilets) at Eanadu complex and his friend Naga Babu came to her at Benz circle asked her to come for cleaning of a house and they took her to the NTR circle by boarded her in auto get down from the auto, when they reached there one person namely Ravi (A-2) is present there. They all are having alcohol, after that Nagababu left from there. Later, A-1 Srinu and A-2 we took her in to the room of left fronted at Sanath Nagar in
Kanunu After completion of house cleaning work A-1 Srinu, A-2 Ravi and their friend A-3 Nagaraju @ Brahman brought liquor bottles after having liquor along with the victim, the accused A-1 to A-3 committed rape upon her one by one forcibly. When she refused to co-operate with them, A-2 beat her with hands, sticks and burnt with lighting cigarettes at her right shoulder, right side check, right hand and backside of the body. They confined her in the room from 16-12-2022 to 18-12-2022 since evening at 18.30 hrs., committed rape upon her in many times and went outside by locked the doors.
On 18-12-2022 at about 18.30 hrs., while she raised cries on 19 hearing the same owner of the room and neighbors rushed to her and saved her. All the prosecution witnesses categorically stated in their evidence that on the date of incident A1 and A3 along with A2 committed gang rape on the victim LW1/Kappi Lakshmi many times one by one and when she refuses A1 to A3 beat her and burnt with lighting cigarettes on her right shoulder. PW3 categorically stated in their evidence that At about 2 years back when he was performing pooja at 4:00 P.M then after completion the pooja he went to backyard of his house and he heard some hues (moolugu) he found
PW.1 fell on the ground along with A2/Ravi. Opposite to that room
A3 was residing he also found empty liquor bottle in the room. Then he beat A2 with stick then A2 left the house. Meanwhile A3 also came he also beat A3, then A3 left the house. Witness identified A1 & A3. When he enquired PW.1 she informed him that she was engaged by A2 for Rs.800/- and she further informed him that she was raped by A2. After some time 3 persons came to his house and took away the Pw.1 from his house and he gave Rs.500/- to her. On the next day one Jhansi Rani from Police Station along with A1 to his house and also took him to the Police Station. He was examined by the police. PW4/Pilli Nagendra Babu categorically stated that on 16.12.2022 A1 came to us and asked us there was housekeeping work for that PW.1 and along with A1 went for housekeeping work.
A1, A2, PW.1 boarded the auto then he went to his work. On 19.12.2022 in the evening hours one Balu informed him that PW.1 was raped by A1 to A3 and he also found there were scars on hand, 20 wrist on her face and right shoulder. Then, the said Balu called 108 ambulance and PW.1 sent to hospital. He cannot identify the said
Nagaraju. A2 was not present in the Court hall. Witness identified
A1/Srinu. Therefore, the ingredients U/s.343 IPC is attracted and accused A1 & A3 are liable for the offence U/s.343 IPC as A1 and A3 confined the victim LW1 for three days and committed gang rape on her several times and also beat her with hands and burnt with lighting cigarettes on her right shoulder and there by she sustained injures.
Ingredients U/s.324 r/w.34 IPC
Voluntarily causing hurt by dangerous weapons or means:
Who ever, except in the case provided for by Sec.334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire, or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallor, or to receive into the blood or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.
Here in this case A1 & A3 along with A2 wrongfully confined the victim LW1 in a room for three days and threatened her with dire consequences and committed gang rape on her several times against her will and consent and if she refuses to cooperate with her, they 21 bear her with hands and sticks and burnt with lighting cigarettes on her and there by she sustained injures on her body. All the prosecution witnesses categorically stated in their evidence that on the date of incident A1 and A3 along with A2 committed gang rape on the victim LW1/Kappi Lakshmi many times one by one and when she refuses A1 to A3 beat her and burnt with lighting cigarettes on her right shoulder. PW3 and PW4 witnesses categorically supports the prosecution case. The medical evidence also supports the prosecution version. PW6/B.S.V.Sivaranjani stated in her evidence that presently she had been working as Associate professor, GGH,
Guntur since 8 moths. Previously she worked as Assistant
Professor, GGH, Vijayawada from 2022 to 2023. On 19.12.2022 at about 5:22 P.M, she examined PW.1 and found the following injuries:
On examination following injuries were found. 1. Abrasion over right clavicle 4X3 C.M 2. Contusion 4 X 4 CM on right cheek 3. Reddish abrasion with overlying skin lost 3 X2 CM over left knee joint lateral aspect 4. Small abrasion 1 X 1 CM over lumbar spine Complain pain all over body complain low backache. All injuries are simple in nature. Age of injuries more than 48 hours ago. All injuries are caused by blunt and both sharp edged weapon in also impact. Based on his case record after receiving of RFSL and basing on the wound certificate she gave final opinion. She is of the opinion that there is no evidence of recent sexual intercourse, but the possibility of sexual assault cannot be ruled out. Ex.P4 is the wound certificate. Ex.P5 is the RFSL report. Ex.P6 is the final opinion. PW7/Dr.V.Siva 22
Kameswara Rao stated in his evidence that presently he had been working as Associate professor, GGH, Vijayawada from On 14.02.2023 he received requisition from the Hon’ble Court VI AMM,
Vijayawada and he examined A1/Ardakala Srinivas @ Srinu @ Dodla
Srinu and A3/Kandukuri Nagaraju after his physical examination he referred him to specialist doctor for their opinion. After receiving their opinion he issued Potency certificate. After throw physical, clinical, investigatory profile and concerned specialist examination it can be concluded that there is nothing to suggest that the
Kandukuri Nagaraju @ Brahmam is capable of performing sexual intercourse or act of coitus. Ex.P7 is the potency certificate. Ex.P8 is the potency certificate. Therefore, the ingredients U/s.324 r/w.34
IPC is attracted and accused A1 & A3 are liable for the offence
U/s.324 r/w.34 IPC as A1 and A3 with common intention confined the victim LW1 for three days and committed gang rape on her several times and also beat her with hands and burnt with lighting cigarettes on her right shoulder and there by she sustained injures.
20. PW5/Vanga Vijay Raja/VRO who is an interested witness categorically stated that on 20.12.202022at about 7:30 A.M he along with LW.8 along with police staff went to the scene of offence house bearing D.No.16-136, Sanath Nagar, Kanuru and we observed the scene and C.I of police seized the blue coloured cotton lungi from the scene. He can identify the said lungi. MO.1 is the lungi. C.I of police prepared the scene observation report he put the signature on it. On the same day they were called by the police they all went to the 23
Kanuru, Smasanam and C.I of police caught hold them when they enquired them. Witness identified the said Srinu/A1. On enquiry
A1 & A3 admitted their guilt of offence. Police prepared the mediators report. Ex.P2 is the scene observation report. Ex.P3 is the mediators report. C.I of police seized the one pair of pant (green colour), shirt (sky Blue) from A1 and one pair of pant (dark mass), shirt (orange) and one underwear (blue colour) from A3. MO.2 is the blue colour underwear. MO.3 is the orange colour shirt. MO.4 is the dark mass colour pant. MO.5 is the sky blue shirt. MO.6 is the green colour pant.
21.PW1/Kappi Lakshmi @ Varja Lakshmi stated in her evidence that she know Accused Nos.1 to 3. She is native of Repalle. She is married with one Srinu she gave birth to two children. Due to disputes she deserved her husband and children and came to
Vijayawada. Since then, she is doing coolie works during that period she is having acquaintance with one Kantha Rao. Herself and said kantha Rao went to his village and stayed for 4 days again herself and Kantha Rao shifted to Benz circle, Vijayawada. The said
Kantha Rao deserted her then she had acquaintance with one Balu, they both married. On one day one Naga Babu along with one Srinu who is close relative to me and asked me whether she intend to go to maid work in the houses. Then herself, Nagababu and Srinu to go to
Kanuru after proceeding sometime one Ravi also boarded the Auto.
While on the way said Ravi purchased one liquor bottle and went to the house. On instruction of Nagababu she cleared the said house.
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After clearing the room Nagababu, Srinu, Ravi drunk the liquor.
After completing the Drinking Ravi and srinu sent to Nagababu from outside. One Nagaraju is residing adjacent to the house of Ravi.
After that both the Ravi, Nagaraju and Srinu got administered the liquor to her and raped her so many times for two days. Both the said Ravi, Nagaraju and Srinu harassed her with cigarettes. On the 3rd day she got conscious and raised the hues, the neighbours came to the house and opened the door. Then the neighbours called A1, after that A1 came there and took her to the Benz circle and left her near the Benz circle centre. On that her husband/Kappi Balu (2nd husband) and shifted her to the hospital and informed him about the incident. Police came to the hospital and recorded her statement at hospital. Ex.P1 is the statement given by her to the police.
22. PW2/Kastala Bala Koti stated in his evidence that he is resident of Vijayawada. He know PW.1 and Accused. On 16.12.2022 he left PW.1 in Benz circle centre and asked her to sit there and also he gave Rs.100/- and informed her that he will return back in the evening hours. After return from work PW.1 was not present in the
Benz circle centre and enquired here and there. On 19.12.2022 in the night hours A1 left the PW.1 near the sand reach. Then he enquired her she narrated the entire incident. Then he called the ambulance then he shifted the PW.1 to the Government hospital,
Vijayawada. Then police came to the hospital and recorded her statement. He was examined by the police. He cannot identify the
Nagaraju and Ravi.
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23.All the prosecution witnesses categorically stated in their evidence that on the date of incident A1 and A3 along with A2 committed gang rape on the victim LW1/Kappi Lakshmi many times one by one and when she refuses A1 to A3 beat her and burnt with lighting cigarettes on her right shoulder.
24.For the foregoing reasons, I am of the considered opinion that the prosecution has established its case against the accused by ex- amining the prosecution witnesses as well as medical evidence and documentary evidence clearly supports the case of the prosecution and the circumstances which goes to show that on the date of inci- dent A1 and A3 along with A2 committed gang rape on the victim
LW1/Kappi Lakshmi many times one by one and when she refuses
A1 to A3 beat her and burnt with lighting cigarettes on her right shoulder and therefore the accused A1 & A3 are liable for the of- fences punishable U/s.376-D, 343 and 324 r/w.34 IPC and accused
A1 & A3 are convicted under sec.235(2) Cr.P.C.
Typed to my dictation by Stenographer, corrected and
pronounced by me in the open court this the 29th day of April, 2024.
Mahila Sessions Judge, Vijayawada.
25.Accused A1 is questioned about the quantum of sentence to be imposed against him, Accused represented that he is having old aged parents and he is the only bread winner of family and he has to look after her and requested the Court to take lenient view. Accused A3 is 26 questioned about the quantum of sentence to be imposed against him, Accused represented that he is having old aged parents and he is the only bread winner of family and he has to look after her and requested the Court to take lenient view.
26.Considering the submissions of the accused, I feel that as the accused was charged U/s.376-D, 343 and 324 r/w.34 IPC, which are grave in nature, and therefore a lenient view can be taken into consideration. Hence, I feel that accused A1 and A3 are guilty for the offences punishable U/s.376-D, 343 and 324 r/w.34 IPC, accordingly they are convicted under Sec.235(2) of Cr.P.C.
32.In the result, the accused A1 & A3 were found guilty for the offences punishable U/s.376-D, 343, 324 r/w.34 of IPC and they are convicted under Sec.235(2) of Cr.P.C.
For the offence under sec.376-D IPC, the accused A1 and A3 are sentenced to undergo Rigorous imprisonment for 10 years
and also to pay a fine of Rs.2,000/- (Rupees two thousand only)
each in default of payment of fine, to suffer simple imprisonment for six (6) months.
For the offence under sec.343-A IPC, the accused A1 and A3 are sentenced to undergo Simple imprisonment for two years and also to pay a fine of Rs.500/- (Rupees five hundred only) each in default of payment of fine, to suffer simple imprisonment for one (1) month.
For the offence under sec.324 r/w.34 IPC, the accused A1 and
A3 are sentenced to undergo Simple imprisonment for two years 27
and also to pay a fine of Rs.500/- (Rupees five hundred only)
each in default of payment of fine, to suffer simple imprisonment for one (1) month.
The sentences of imprisonment U/s.376-D, 343, 324 r/w.34 of IPC shall run concurrently.
The remand period if any already undergone by accused A1 and A3 shall be set off under Sec.428 Cr.P.C.
The MO1/Lungi, MO2/Blue colour underwear, MO3/Orange
Colour shirt, MO4/Dark Mass colour pant, MO5/Sky blue shirt,
MO6/Green colour pant, MO7/Parrot green colour blouse, MO8/Red colour inner petticoat & MO9/Pink colour saree. shall be destroyed after expiry of appeal time is over.
Accused A1 and A3 are informed that they can prefer an appeal against the judgment before the Hon’ble High Court of A.P. at
Amaravati and they can approach the Legal Services Authority of the
Hon’ble High Court or the District Legal Services Authority, Krishna
District for Legal Aid, if necessary.
Typed to my dictation by Stenographer, corrected and
pronounced by me in the open Court on this the 29th day of April,
2024.
Mahila Sessions Judge, Vijayawada.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR PROSECUTION:
PW.1Kappi Lakshmi @ Varja Lakshmi.
PW.2Kastala Bala Koti.
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PW.3Tungala Peda Kondala Rao.
PW.4Pilli Nagendra Babu.
PW.5Vanga Vijaya Raja.
PW.6B.S.V.Sivaranjani.
PW.7Dr.V.Sivakameswara Rao.
PW.8M.Arjuna Raju.
PW.9R.Govinda Raju.
WITNESS EXAMINED FOR DEFENCE: None
EXHIBITS MARKED FOR PROSECUTION:
Ex.P1Statement of PW1.
Ex.P2Scene observation report.
Ex.P3Mediators report.
Ex.P4Wound certificate.
Ex.P5RFSL report.
Ex.P6Final opinion.
Ex.P7Potency certificate.
Ex.P8Potency certificate.
Ex.P9Hospital intimation.
Ex.P10FIR.
Ex.P11Rough sketch.
Ex.P12Photos along with CD.
Ex.P13Letter of advice 7 Nos.
Ex.P14Letter of authorisation by SDPO.
EXHIBITS MARKED FOR DEFENCE:
NIL
MATERIAL OBJECTS MARKED:
MO1 .. Lungi. MO2 .. Blue colour underwear.
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MO3 .. Orange Colour shirt. MO4 .. Dark Mass colour pant. MO5 .. Sky blue shirt. MO6 .. Green colour pant. MO7 .. Parrot green colour blouse. MO8 .. Red colour inner petticoat. MO9 .. Pink colour saree.
Mahila Sessions Judge, Vijayawada.
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TABULAR FORM
TO BE APPENDED TO THE JUDGMENT AS PER THE RULE 67 OF
CRIMINAL RULES OF PRACTICE.
***
SESSIONS CASE NO.164/2023 .
1Sessions Case :164/2023 Number 2PRC Number:PRC No.33/2023 of VI Addl. Metropolitan
Magistrate Court, Vijayawada.
3Crime Number :Cr.No.1030/2022 of Penamaluru Police and Name of the Station, Vijayawada City. Police Station 4Name of the ac-1.Ardakula Srinivas @ Srinu @ Dodla cused Srinu, S/o.Sada Sivakesavulu, 42 years, C/Padmasali, Patamata, Vijayawada. 2.Kalaga Ravi (Absconding). 3.Kandukuri Nagaraju @ Brahmam, S/o.KoteswaraRao,51years, C/Viswabrahmin,BalajiNagar, Tadigadapa Village, Penamaluru Mandal, Krishna District. 5.
a) Offence: Prior to on 19.12.2022
b) Complaint: 19.12.2022
c) Apprehension of : 20.12.2022 accused
d) Released on bail:
e) Committal: 02.11.2023
f) Commencement : 27.02.2024 of trial
g) Closure of trial: 27.03.2024
h) Judgment: 29.04.2024 6R e s u l t In the result, the accused A1 & A3 were found guilty for the offences punishable U/s.376-D, 343, 324 r/w.34 of IPC and they are convicted under Sec.235(2) of Cr.P.C. For the offence under sec.376-D IPC, the accused A1 and A3 are sentenced to undergo Rigorous imprisonment for 10 years and also to pay a fine of Rs.2,000/- (Rupees two thousand only) each in default of payment of fine, to 31 suffer simple imprisonment for six (6) months. For the offence under sec.343-A IPC, the accused A1 and A3 are sentenced to undergo Simple imprisonment for two years and also to pay a fine of Rs.500/- (Rupees five hundred only) each in default of payment of fine, to suffer simple imprisonment for one (1) month. For the offence under sec.324 r/w.34 IPC, the accused A1 and A3 are sentencedtoundergoSimple imprisonment for two years and also to pay a fine of Rs.500/- (Rupees five hundred only) each in default of payment of fine, to suffer simple imprisonment for one (1) month. The sentences of imprisonment U/s.376-D, 343, 324 r/w.34 of IPC shall
run concurrently.
The remand period if any already undergone by accused A1 and A3 shall be set off under Sec.428 Cr.P.C. The MO1/Lungi, MO2/Blue colour underwear, MO3/Orange Colour shirt, MO4/Dark Mass colour pant, MO5/Sky blue shirt, MO6/Green colour pant, MO7/Parrot green colour blouse, MO8/Red colour inner petticoat & MO9/Pink colour saree. shall be destroyed after expiry of appeal time is over. Accused A1 and A3 are informed that they can prefer an appeal against the judgment before the Hon’ble High Court of A.P. at Amaravati and they can approach the Legal Services Authority of the Hon’ble High Court or the District Legal Services Authority, Krishna District for Legal Aid, if necessary. 7Explanation for de-: This case was taken on file on 21.10.2023 lay in this Court:U/s.376-D, 343, 324 r/w.34 of IPC of the VI Addl. Metropolitan Magistrate Court, 32
Vijayawada and made over to this Court and record received on 08.11.2023 and issued summons to accused. On 25.02.2024 charges U/s.376-D, 343, 324 r/w.34 of IPC were framed against the accused. PW1 & PW2 were examined on 27.02.2024. PW3 & PW4 were examined on 05.03.2024. PW5 was examined on 06.03.2024. PW6 was examined on 19.03.2024. PW7 & PW8 were examined on 21.03.2024. PW9 was examined on 27.03.2024. The Accused was examined U/s.313 Cr.P.C. on 01.04.2024 and Arguments heard on 18.04.2024. Judgmentwaspronouncedon 29.04.2024. 8Explanation for de-:Theexplanationfordelayin lay in lower Court:PRC.No.33/2023 was submitted by the lower court separately.
Under the above circumstances, there is no delay in this Court.
Mahila Sessions Judge, Vijayawada. Copy submitted to: The Hon’ble High Court of Andhra Pradesh, Amaravathi.
Copies to:
1) The VI Addl. Metropolitan Magistrate Court, Vijayawada.
2) The Commissioner of Police, Vijayawada City.
3) The Addl. Public Prosecutor, Mahila Sessions Court, Vijayawada.
33 // True Copy //
Superintendent, Mahila Sessions Court, Vijayawada.
S.C.No.164/2023
In the result, the accused A1 & A3 were found guilty for the offences punishable U/s.376-D, 343, 324 r/w.34 of IPC and they are convicted under Sec.235(2) of Cr.P.C. For the offence under sec.376-D IPC, the accused A1 and A3 are sentenced to undergo Rigorous imprisonment for 10 years
and also to pay a fine of Rs.2,000/- (Rupees two thousand only)
each in default of payment of fine, to suffer simple imprisonment for six (6) months. For the offence under sec.343-A IPC, the accused A1 and A3 are sentenced to undergo Simple imprisonment for two years and also to pay a fine of Rs.500/- (Rupees five hundred only) each in default of payment of fine, to suffer simple imprisonment for one (1) month. For the offence under sec.324 r/w.34 IPC, the accused A1 and A3 are sentenced to undergo Simple imprisonment for two years
and also to pay a fine of Rs.500/- (Rupees five hundred only)
34 each in default of payment of fine, to suffer simple imprisonment for one (1) month. The sentences of imprisonment U/s.376-D, 343, 324 r/w.34 of IPC shall run concurrently. The remand period if any already undergone by accused A1 and A3 shall be set off under Sec.428 Cr.P.C. The MO1/Lungi, MO2/Blue colour underwear, MO3/Orange Colour shirt, MO4/Dark Mass colour pant, MO5/Sky blue shirt, MO6/Green colour pant, MO7/Parrot green colour blouse, MO8/Red colour inner petticoat & MO9/Pink colour saree. shall be destroyed after expiry of appeal time is over. Accused A1 and A3 are informed that they can prefer an appeal against the judgment before the Hon’ble High Court of A.P. at Amaravati and they can approach the Legal Services Authority of the
Hon’ble High Court or the District Legal Services Authority, Krishna
District for Legal Aid, if necessary.