S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
IN THE COURT OF SPECIAL SESSIONS JUDGE FOR FAST
TRACKING THE CASES RELATING TO ATROCITIES AGAINST
WOMEN-CUM-IV ADDITIONAL SESSIONS JUDGE, NIZAMABAD
Present: T. Srinivas, Special Sessions Judge for Trial of cases under SCs/STs (PoA) Act cum-II Additional
Sessions Judge, Nizamabad,
FAC: Special Sessions Judge, for Fast Tracking the cases relating to Atrocities against Women-cum-IV Additional Sessions Judge, Nizamabad.
Dated this the 22nd day of April, 2025
S.C.No.99 of 2018 (Cr. No.26 of 2017 of Mugpal Police Station, Nizamabad)
1.Name of the Circle Inspector of Police, Nizamabad-Rural, ComplainantSouth of Mugpal Police Station, Nizamabad.
2.Name of the accusedA1) Bathula Ramu S/o. Kondaiah, Age: 31 years, Caste: Vaddera, Occ: Labour work, R/o. H.No.3-90/14, Nyalkal village, Mugpal Mandal of Nizamabad District.
* A2: Bodas Laxman S/o Shanker, age 22 years, Caste: Vaddera, Occ: Labour, R/o. Nyalkal village, Mugpal mandal, Nizamabad District.
The case against A2 is abated on 01.08.2024, as he was died and death certificate of A2 is filed on 31.07.2024.
3.Offence chargesU/Sec.376 (1) of I.P.C., against A1 and Sec.376 R/w.511 and 506 of I.P.C., against the accused No.2.
4.Crime No. & Name ofCrime No.26 of 2017 of Mugpal Police StationPolice Station, Nizamabad.
5.Plea of accusedPleaded not guilty.
6.Finding of the JudgeFound guilty.
7.Prosecution Sri. B.Vasanth, Additional Public Prosecutor, conducted byNizamabad.
8.Accused defended bySri. Yerram Vignesh, Advocate for accused.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
9.Sentence or Order In the result, the accused No.1 is found guilty for the offence U/Sec.376 (1) of I.P.C., and accordingly, he is convicted of the same U/Sec.235 (2) of Cr.P.C. The accused No.1 is sentenced to undergo LIFE IMPRISONMENT and to pay a fine of Rs.1,000/- (Rupees One Thousand only) for the offence U/Sec.376 (1) of I.P.C. In default of payment of fine, he shall undergo simple imprisonment for a period of one (01) month. Theremandperiodalready undergone by the accused No.1 from 05.07.2017 to 07.09.2017 shall be set off U/Sec.428 Cr.P.C. The MOs 1 to 5 shall be destroyed after the appeal time is over. MO.6-cell phone of the accused No.2, which shall be made return to concerned person.
This case coming on 18.03.2025 for final hearing and disposal before me in the presence of Sri. B.Vasanth, Additional Public Prosecutor for the State and of Sri Yerram Vignesh, Advocate for the accused and the matter having stood over for consideration till this day, this Hon’ble Court delivered the following:
:: J U D G M E N T ::
1. The Circle Inspector of Police, Nizamabad-Rural-South of Mugpal
Police Station, Nizamabad district laid charge sheet against the accused
Nos.1 and 2 for the offences punishable U/Sec.376 (1) of I.P.C., against the accused No.1 and offence punishable U/Sec.376 R/w.511 and 506 of
I.P.C., against accused No.2. The place of offence is under the limits of
Mugpal Police Station and within the territorial jurisdiction of this Court on completion of investigation of the case registered on the report lodged by the defacto complainant/ PW1.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
2.The conspectus of the prosecution case is follows as under:
a)That on 21.06.2017 at 1700 hrs the complainant Smt. Pitla
Swapna @ Leela W/o Chinna Sailu, Age: 25 years, Caste: Vaddera, Occ:
Agril., R/o Nyalkal village came to Police Station and lodged a Telugu written petition stating that her marriage was held with Chinna Sailu about 9 years ago and she was blessed two daughters, whose names are 1] Sailaja of 6 years and 2] Soujanya of 4 years. Her husband has been abroad from the last one year since then she along with her children living together. On 19.06.2017 at 11 a.m., she noticed her distant relative son-in-law Bodas Laxman S/o. Shanker near her house and asked Laxman to arrange feast as he was going to join in new job as well as he has purchased a motor cycle, response to her question, he would arrange a party and decided to go to Siddula gutta and arrange the party. She along with Bodas Laxman, her brother-in-law Batthula
Ramu S/o Kondaiah and her sister Batthula Jyothi together went to
Siddula gutta, Sirpur on a motor cycle of Laxman. Later Laxman went to
Sirpur village and brought 3 beer bottles. Her younger sister Jyothi had cool drink. After that they returned to Nyalkal village by 4 p.m., and went to their house. At around 7 p.m., Laxman made a phone call to her and informed her that he and Ramu were at the house of Kategari
Sridhar and asked her to come to consume beer. Immediately she went there and found Ramu who had already been there. Later Laxman purchased three beers from Bharath Kiranam shop in the village and all
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
of them went to cell tower situated in the village outskirts where they consumed beers up to 9 p.m. Later Laxman left from there by saying that he is going to his house. After a little while, under intoxication state
Ramu caught hold her hands and forcibly took her to some distance from there and committed rape on her. Later she went to her house by weeping and informed the same to her mother and mother-in-law who convinced her stating that the issue will be discussed with elders otherwise, the reputation will be lost, if the issue is known to all the people. Yesterday i.e., on 20.06.2017 the issue was discussed with elders but she didn't get justice. As such she has come to Police Station and requested to take necessary action against Bathula Ramu S/o.
Kondalah who raped her.
b)As per the contents of the above petition. LW-33/ S.I., of
Police. P.S., Mugpal registered a case in Crime No.26/2017, U/Sec.376 [1] of I.P.C., and send the express reports to Hon'ble Court, as well as
Superior Officers, further the LW-33 informed the same to PW18 through Phone. On receipt of the information, the PW18 rushed to the
Mugpal Police Station and took up the investigation from Lw-33 and verified the investigation done by Lw-33 and it is on proper lines. During the course of investigation, the PW18 rushed to scene of offence situated at Cell tower, Nyalkal village limits along with the victim lady/
PW1 and women PC-1980 and PW13, the LW1/ victim shown the scene of offence, as such the PW18 observed the scene of offence minutely
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
and secured the presence of two mediators i.e.. LW15 and PW12 and conducted scene of offence and seized three empty Kingfisher strong beer bottles vide 1] No. LIC No. 10014047000293, Dtd:
09/JUN/17/159/L2, 2] No. LIC No. 10014047000293, Dtd:
20/FEB/17/668/L1 and 3] No. LIC No. 10014047000293, Dtd:
20/FEB/17/668/L1 under cover of scene of offence and seizure panchanama and drew rough sketch of the scene before the mediators from 1800 hrs to 1845 hours and took the photographs of the scene with the help of PW13. The scene of offence situated near the Babool tree existing in the open place of Bhooma Goud, situated in the limits of
Nyalkal village near the Tank bund of Masani Tank. Found three empty
King Fisher strong beer bottles near the scene of offence. Bushes and trees available around the scene of offence. The scene of offence is situated towards western side of the village and within the distance of one furlong. Thereafter took latitude and longitude with the help of cell phone. Latitude is 18.62.60 and Longitude is 78.09.46. Boundaries of the SOC:- Eastern side 50 meters distance Pottagari Mohan Rao house building is existed. Western side 10 meters distance pathway [mud road] is existed. Northern side 60 meters distance Voda phone cell tower is existed. Southern side open place is existed and also photographed the scene of offence with the Department Tab with the help of PW13. After completing the scene of offence panchanama.
PW18 went to the Government General Hospital, Niamabad along with
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
PW1 at 1900 hours, and referred the PW1/ victim lady Smt. Pitla
Swapna Leela W/o Chinna Sailu to Government General Hospital,
Nizamabad under the escort of WPC-1980, WHG-685 along with requisition to the lady Medical Officer to examine the victim lady and issue report and seized the cloths of the victim lady. Further the PW18 filed another requisition, PD., ICDS., Women and Child Welfare. Nirbhaya
Center, 5 floor. Govt., General Hospital, Nizamabad for medical treatment and habilitation. Further the PW18 sent a requisition to the
Inspector of Police, S.H.O., Women P.S., Nizamabad with a request to depute one Women Police Officer, to record the statement of victim girl.
Accordingly, the PW15 visited the Govt., General Hospital, Nizamabad and examined the victim lady/ PW1 and recorded her statement
U/Sec.161 of Cr.P.C., and incorporated in part-II CD., and under the video and photography of PW13.
c)During the course of investigation, the PW18 visited the Govt.,
General Hospital, Nizamabad and secured the presence to witnesses i.e., PW-2 to 5 and examined and recorded their statement in part-II
CDs in detail and took the photography with the help of PW13. During the course of investigation, on 22.06.2017 the PW18 visited Nyalkal village and secured the presence of witnesses i.e.. PW-6 and 8 and examined and recorded their statement in part-II CDs in detail. On credible information, on 22.06.2017 the PW18 along with staff rushed to the Nyalkal village and apprehend the accused at his house bearing
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
No.3-90/14, on tactical interrogation he is ready to confess his offence, as such the PW18 secured the presence of two mediators i.e.. PW17 and LW18 and recorded the confession statement of the accused
Batthula Ramu S/o Kondaiah, age: 31 years, Caste: Vaddera, Occ: Labor work, R/o H.No.3-90/14, Nyalkal village. Mugpal Mandla, Nizamabad district in which the accused confessed that he is resident of Nyalkal village. About one year back his marriage held with Veena D/o Sailoo from Sarangapoor village. At present she is 8 months pregnancy. His villager Smt. Pitla Swapna @ Neela W/o Chinna Sailu. Age: 25 years,
Caste: Vaddera, Occ: Agril., is his neighbor. About one year back her husband Chinna Sailoo went to Abroad. She residing with her two children in her house and she is the cousin sister-in-law to him. She moves closely with him. He is maintaining distance with his wife since one month as she is pregnancy. On that he intended to participate sexual enjoyment with Swapna, About four days back i.e., on 19.06.2017 (Monday) at 11 a.m., his brother-in-law Bodas Laxman S/o
Shanker visited the house of the Swapna, on that Swapna asked the
Boda Laxman to arrange party as he was going to join in new job [labour work] as well as he has purchased a motor cycle, response to her request. Bodas Laxman agreed arrange party and decided to go to
Siddula gutta. Bodas Laxman called him to join in the party. On that he agreed to join in the party. Bodas Laxman dropped Swapna and her younger sister Jyothi at Siddula Gutta, and came to him and also
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
dropped him on Siddula gutta, thereafter Bodas Laxman went to Sirpur village and brought [03] beer bottles and one cool drink bottle.
However to-day he wants participate sexual enjoyment with Swapna and waiting for opportunity. Due to presence of Jyothi and Bodas
Laxman he could not fulfill his desire with Swapna. All are having party.
While party is going on, he informed that evening he will arrange beer party, with intention to participate intercourse with the Swapna, later they returned to Nyalkal village by 4 p.m., and went to their houses. On the same day at about 7 p.m., Bodas Laxman called him and asked about the party, on that he informed that he will ready to give party, and instructed to get Smt. Pitla Swapna @ Neela to infront of house of
Kategari Sridhar along with him. Accordingly Bodas Laxman brought
Smt. Pitla Swapna @ Neela along with him and came to in front of house of Kategari Sridhar. Immediately he given [Rs.300/-] to Bodas
Laxman and instructed to bring [03] beer bottles, accordingly Laxman brought three beer bottles from Bharath kirana shop and they all are went to cell tower situated in the village outskirts where they consumed beers up to 9 p.m. Later Laxman left from there by saying that he is going to his house. On that he think it is good opportunity to participate intercourse with Smt. Pitla Swapna @ Neela and forcibly took her by holding her hands to near the babool tree, she made hue and cries, but he did not hear her words and forcibly committed rape on her against her will. Later he went to his house, he learnt that the Swapna informed
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
the matter to his mother-in-law and mother by wiping, due to fear he escaped from the village and went to Sarangapoor village and stayed in the Sarangapoor village up to to-day and decided went to Hyderabad for some period, as such to-day he came to his house to collect the money and luggage, in the mean while Police came and apprehended him, on enquiry he confessed his guilty before the mediators and he further added that since the day of incident he did not changed his dress, and showing his dress [which was present on his body] by informing that "these are the cloths on his person, when he committed rape on the Swapna", on the instructions of C.l., of Police, he went in to the house and changed the dress and handover the pant and underwear, on the instructions of C.l., of Police, the panchas observed the pant, and found blue colour jeans pant and under wear is yellow colour JOCKY company, the C.l., of Police seized the pant and underwear for the purpose of investigation and sent to F.S.L., duly affixing the panch chits under cover of confessional and seizure panchanama
before the mediators. After completion of confessional and seizure
panchanama, the accused brought to Police Station at 1615 hours and affected his arrest by issuing arrest memo against him duly informing the grounds of arrest to him and to his mother Smt. Bathula Anjamma as per Sec.50 of Cr.P.C., thereafter, the PW18 examined the photographer/ PW13 and recorded his statement in part-II CD.
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
d)The accused was subjected for clinical examination at the
Govt., Medical College, Nizamabad for evaluation regarding his capability to perform the act of sex. Accordingly the Professor conducted Potency Test on the accused. Later the accused produced
before the Hon'ble Court along with RCD., for remand. On 23.06.2017
the PW18 visited the Nyalkal village and secured the presence of witnesses i.e., LW-8/ Jyothi, LW-9/ Balguri Umapathi Rao, and PW.7 and examined and recorded their statements in part-II CDs. Thereafter visited Sirpur village and secured the presence of witnesses i.e.. LW-11/
Sk. Shafiuddin and examined and recorded his statement in part-II CD.
As per advice of the PW17, on 24.06.2017 the PW18 forwarded the material objects to the F.S.L., TS Hyderabad through escort PC 1557 with a request to analysis the material objects and furnish report.
During the course of further investigation, on 01.07.2017 the PW18 filed a requisition before the LW-32/ Hon'ble Court with request to record the Sec.164 of Cr.P.C., statement of the victim lady. The Hon'ble
Court allowed the petition and issued summons to the PW1. On 15.07.2017 LW-32/ Hon'ble I-Addl., Judl., Magistrate of First Class,
Nizamabad has recorded the statement U/Sec.164 of Cr.P.C., in which the victim lady/ PW1 stated that "at about ten years back on one day her marriage was performed with her husband by the name Chinna
Sailoo. During their wedlock they blessed two daughters. At about one and half year back her husband went to Dubai, on 15.05.2017 the
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
birthday function of her first daughter Shailaja was performed. One
Laxman who is the nephew to her for courtesy attended for the said birthday party and he obtained photos of her daughter's birthday function for sending the same photos to her husband through Whats- app. After two or three days the said Laxman telephoned her by informing that some of the birthday photos sent to her husband and remaining photos will be sent to her husband and asked her where are you, she informed him that she is on the road proceeding to medical shop and he came to her and some of the photos shown to her through his cell phone. By the time, at about 8.30 p.m., power was off. In the meanwhile, one Ramu belongs Nyalakanta village and Laxman brought her to the Cheruvu situated by the side of their village. By the time the
Laxman caught hold of her hands and Ramu raped her. She requested them to leave her by crying by the time Ramu closed her mouth at the time of raping by Ramu subsequently Laxman also tried to rape her but she escaped from his hands and went to her sister's house Laxmi and informed the same to her. They went to Sarpanch of their village and informed the same to him and he advised that he talk with them next day morning but no talks were going on. Then she had given report to the Police. Thereafter, the PW18 collected the certified copies of the
Sec.164 of Cr.P.C., form the copying section, District and Sections Court,
Nizmabad and go through the contents of the Sec.164 of Cr.P.C., statement and found that on the date of incident at about 8.30 p.m.,
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
power was off. In the meanwhile, one Ramu belongs Nyalakanti village and Laxman brought her to the Cheruvu situated by the side of their village. By the time Laxman caught hold of her hands and Ramu raped her. She requested them to leave her by crying by the time Ramu closed her mouth and raped her, subsequently Laxman also tried to raped her but she escaped from his hands and went to her sister's house Laxmi and informed the same to her. Then after they to Sarpanch of their village and informed the same to him and he advised that he will talk with them next day morning but no talks were going on, then she given report to the Police. Further, on 28.08.2017, the PW18 sent a requisition to the Inspector of Police. S.H.O., Women P.S., Nizamabad with a request to depute one Women Police Officer, to re-record the statement of victim girl. Accordingly the S.H.O., deputed LW-31, as such the PW18 along with PW14 and LW.31 visited the Nyalkal village and secured the presence of complainant/ victim lady/ PW.1, on the instructions of the PW18, the LW-31 re-recorded the statement of victim lady/ PW1 and U/Sec.161 of Cr.P.C., and incorporated in part-II C.D., and under the video and photography of PW.14, in which she contended that "her marriage was held about 9 years ago with Chinna Sailu who is resident of her village and she was blessed two daughters, whose names are 1. Sailaja of 6 years and 2. Soujanya of 4 years. Her husband has been abroad from the last one year since then she along with her children living together. On 17.06.2017 the birthday function of her first
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
daughter Shailaja was performed. One Laxman who is the nephew to her for courtesy attended for the said birthday party and he obtained photos of her daughter's birthday function for sending the same photos to her husband through Whats app. On 19.06.2017 at about 8 p.m., the said Laxman telephoned to her by informing that the birthday photos have to send to uncle asked her to Kapu Sreedhar house. Accordingly she went to there, at that time the electricity power was off.
Immediately Ramu and Laxman both are forcibly took her to thorn fence situated near tower situated at Tank by closing her mouth and
Ramu pushed her on the ground and fell on her and committed rape forcibly. Laxman who is present in the spot caught hold her both hands.
She made cries and requested them to leave her, but they did not hear her words. On the same night she along with her mother went one
Sridhar Anna house, and he advised that he talk with them next day morning and informed to go home. On the next day she went to Sridhar
Anna, he called the Ramu, but Ramu did not come. On that she visited the Police Station and lodged petition. Laxman is the relative of her, and he threatened kill her if disclosed the facts if any. Due to fear she concealed the truth and informed to her relatives and Police that on 19.06.2017 morning at about 11 a.m., she noticed her distant relative son-in-law Bodas Laxman S/o Shanker near her house and asked
Laxman to arrange feast as he was going to join in new job as well as he has purchased a motor cycle, response to her question, he would
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
arrange a party and decided to go to Siddula Gutta and arrange the party. She along with Bodas Laxman, her brother-in-law Batthula Ramu
S/o Kondaiah and her sister Batthula Jyothi together went to Siddula gutta, Sirpur on a motor cycle of Laxman and reached at 11.30 a.m.
Later Laxman went to Sirpur village and brought 3 beer bottles. Her younger sister Jyothi had cool drink. After that they returned to Nyalkal village by 4 p.m., and went to their house. At around 7 p.m., Laxman made a phone call to her and informed her that he and Ramu were at the house of Kategari Sridhar and asked her to come to consume beer, immediately she went there and found Ramu who had already been there. Later Laxman purchased three beers from Bharath Kirana. shop in the village and all of them went to cell tower situated in the village outskirts where they consumed beers up to 9 p.m. Later Laxman left from there by saying that he is going to his house. After a little while, under intoxication state Ramu caught hold her hands and forcibly took her to some distance from there and committed rape on her. Later she went to her house by weeping and informed the same to her mother and mother-in-law. On that they who convinced her stating that the issue will be discussed with elders otherwise the reputation will be lost, if the issue is known to all the people. On 20.06.2017 the matter was discussed with elders but she didn't get justice. On that she lodged false petition in the Police Station by concealed the truth. Thereafter the
Police produced before the Hon'ble Court, as such she disclosed the real
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
facts. On examination by the Police, she disclosed the real facts.
Thereafter, on the same day the PW18 secured the presence of PW4 and re-examined her in recorded her statement in part-II C.D., in detail and also secured the presence of witnesses i.e., LW-12/ Bodasu
Sayamma and LW.13/ Bodasu Sailoo and examined and recorded their statements in part-II CDs. Thereafter, the PW18 visited the office of the
P.P.O., Nizamabad and discussed with the P.P.O., Nizamabad and obtained legal opinion, in which he opined that "perused the CD file and
Sec.164 of Cr.P.C., statement, as per the contents of Sec.164 of Cr.P.C., statement prime fascia case has been made out for prosecution of
Laxman for the offence U/Sec.376/511 and 506 of I.P.C. On receipt of the above opinion, the PW.18 added the section of law 376/511 and 506 of I.P.C., in the existing Section 376 (1) of I.P.C., and send the reports to
Hon’ble Court, as well as Superior Officers and added the Laxman in to
the case as accused No.2. On credible information, On 28.11.2017 the
PW18 along with staff rushed to the Nyalkal village and apprehend A-2/
Bodas Laxman at his house at 0900 hours. on tactical interrogation he is ready to confess his offence, as the PW.18 secured the presence of two mediators i.e.. PW.11 and 10 and recorded the confession statement of the accused Bodas Laxman S/o Shanker, age 22 years.
Caste: Vaddera. Occ: Labour R/o Nyalkal village. Mugpal Mandal
Nizamabad District, in which the accused confessed that he is resident of Nyalkal village. About 4 years back he performed marriage with one
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
Lavanya daughter of Babu R/o Nyalkal village and he having two years old son. He working as Farm Servant with one Kantegari Sridhar R/o
Nyalkal village. His distance relative Smt. Pitla Swapna Neela W/o
Chinna Sailu, Age: 25 years. Caste: Vaddera, Occ: Agril., is his aunt residing near Canal katta, his mother-in-law house is situated beside the house of Smt. Pitla Swapna. When he visit the house of his mother in law, he used to talk with said Smt. Pitla Swapna, he also chit chatting with him. On 17.06.2017 the birthday function of Shailaja who is the daughter of Smt. Pitla Swapna @ Neela was performed. He attended for the said birthday party and he obtained photos of her daughter's birthday function for sending the same photos to her husband, but he did not sent the photos to her husband. On 19.06.2017 at about 1100 hours, he went to the house side of Smt. Pitla Swapna @ Neela, on seeing him, she asked him to arrange feast as he was going to join in new job. On that he informed that to-day itself, he will arrange feast to her and Batthula Ramu. After some time at about 1130 hours, he went to the house of Swapna and took the Swapan and her sister Jyothi and took them on his motor cycle and went to Siddula gutta get down from the motor cycle and he return to Nyalkal village. He met with his brother-in-law Batthula Ramu S/o Kondaiah and informed that he will arrange feast and took him on his motor cycle and bring him to Siddula
Gutta where Swapna and Jyothi is present. Thereafter he went to Sirpur village and brought 3 beer bottles and one cool drink, all are gone to
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
the hillock. Ramu and Swapna consumed beer bottles. Jyothi had consumed cool drink. While party is going on. Batthula Ramu informed that evening he will arrange party. Evening at about 4 p.m., they leave the Swapna and Jyothi in the village and went to their house. At around 7 p.m., he made phone call to Ramu cell phone bearing No.9700417645 from his cell phone bearing No.9912628029 and asked him that Swapna asking for party, as he promised that he will arrange party. On that
Ramu asked him to call Swapna, immediately he call Swanpa through her cell No.9866167270 from his cell phone No.9912628029, and informed that Ramu is ready to arrange party, he and Ramu are present infront of Kategari Sridhar house and asked her to come to consume beer, after some time Swapna came to there. Immediately Ramu given
Rs.300/- to him and asked to bring [03] beer bottles. He went to
Bharath Kiranam shop and brought [03] beer bottles and all of them went to cell tower situated in the village tank outskirts where they consumed beers up to 9 p.m. While consuming beer, he and Ramu intended to participate intercourse with Swapna. Immediately both are caught hold the hands of Swapna and took her to bushes of tree, on that Swapna made hues and cries. immediately they closed the mouth of Swapna and thrown down her on the ground. He forcefully caught hold the hands of Swapna, immediately Ramu committed rape on the
Swapna. Later he tried to commit rape on Swapna, on that she made huge hues, they became worried and ran away from there. Later he met
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
with the Swapna and requested to not disclose his name, as he is relative, but Swapna not headed to his words. On that he threatened to kill her if she disclosed his name and left from there. Later Swapna informed in the village and Police Station that Ramu committed rape on her. On that the Police sent Ramu to Jail. But she did not disclose his name. After some days, he came to know that Swapna informed with neighbors, family members and Court that on 19.06.2017 night Ramu committed rape on her, thereafter he also tried to commit rape on her.
Due to fear of Police he went to Hyderabad and attend labour work.
Yesterday prior to the incident he came to Nizamabad Court to attending hearing date of cattle theft case, after attending the Court he went to the house. To-day when he was present in the house the Police caught him, on enquiry he disclosed the facts before the mediators and took out one cell phone from his pant pocket and handover the same to the mediators by informing that he used the cell in the commission of offence. On the instructions of C.l., of Police, they were mediators observed the cell phone and found that the cell phone belongs to HTC desire 526 G+ dual sim, the screen was damaged. The IME numbers i.e., 1] 357631068775944 and 2] 357631068825230 and the IDEA SIM
No.89910 76530 06311 78863 H-4 and Mobile No.9912628029. Then the C.l., of Police, seized the above cell phone under cover of confessional and seizure panachanam before the mediators. After completing the confessional statement of seizure panchanama of A-2,
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
brought him to Police Station, Mugpal at 1100 hours and affected his arrest by issuing arrest memo against him duly informing the grounds of arrest to him and to his mother Smt. Bodas Hanmavva as per Sec.50 of Cr.P.C. Thereafter, the PW18 examined and recorded the statement of
PW.14 who video graphed the re-recording the statement of PW.1 and also took the photographs of confessional and seizure of Cell phone of
A-2. Thereafter, the PW.18 produced A-2 before the Hon'ble Court along
R.C.D., under proper escort for remand. Accordingly the Hon'ble Court remanded the accused to judicial custody. The LW.27 Smt. Dr.
S. Gauthami, Assistant Director. TS FSL Red Hills, Hyderabad has conducted analysis on the material objects collected by the Medical
Officer from the victim and opined that "the item Nos.1 to 6 are examined. Semen and spermatozoa are not detected on item Nos.1 to 3 and 5, 6. Human semen and spermatozoa are detected on item No.4 but its blood group could not be determined. Blood is detected on item
Nos.2 to 6. Foreign hair is not found in item No.2. The PW.28. Associate
Professor, Government Medical College, Nizamabad has issued final opinion stating that 'through semen and spermatozoa are not detected in cervical vaginal smear, but found on petty coat. Possibility of sexual assault cannot be excluded". The PW16/ Professor and Head of the
Department, Department of Forensic Medicine Government Medical
College, Nizamabad who has conducted clinical examination on A-1/
Bathula Ramu opined that "there is nothing to suggested Bathula Ramu
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
S/o Kondaiah is not capable of performing sexual intercourse, vide S.O.
No.26/FMT/GMC-NZB/2017, dated: 22.06.2017.
e)On 20.12.2017 the PW.18 collects the acknowledgment of
CDR particular letter of Commissioner of Police, Nizamabad Dated; 18.12.2017 vide C. No.301/CDRs/Addl.SP/Admn/NZB/2017, dated; 18.12.2017, and CDRs of Cell phone No.9866167270, 9700417645, and 9912628029 Certificate along with CDRs and other records from LW-23 to 25/Nodal Officers of various towers and verified and found the accused persons made conversion with the complainant. As per the records, A-1/ Bathula Ramu, S/o Kondaiah Sim found on the name of
Mamidi Laxmi which is utilized by A-1. As such the PW.18 secured the presence of Mamidi Laxmi and examined and recorded her statement in part-II CD as LW.14. After receiving the F.S.L., report, on 22.12.2017 the
PW.18 collected the case properties i.e., 1] Red, blue, black colour saree, 2) Blue colour petty coat of victim lady seized by the MO. 3] blue colour jean pant and 4] yellow colour Jocky company HO M03 drawer of accused seized by the I.O., from F.S.L., TS Hyderabad and also deposited the Cell phone along with sim seized from the possession of
A-2 deposited in the Hon'ble Court vide CPR No.16/2018. Further, on 15.12.2017 PW.18 addressed a letter to the Assistant Divisional
Engineer, Operation/ Rural S.D., Nizamabad with a request to furnish the power interruption Report on the date of incident i.e., on 19.06.2017. Accordingly the LW-26/ Sri G. Srinivas, ADE., Nizamabad
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
furnishedpowerinterruptionReportvideNo.Lr.
No.ADE/OP/SD/R/NZB/D.No.2242/2017-18, Dated: 22.12.2017.
3.Basing on the said report, LW33/ Sub-Inspector of Police, Mugpal
Police Station registered a case in Crime No.26/2017, U/Sec.376 (1)
R/w.511 and 506 of I.P.C., against the accused Nos.1 and 2 and dispatched Express F.I.Rs., to all concerned.
4.Originally, the charge sheet submitted before the II-Additional
Judicial Magistrate of First Class, Nizamabad. Upon considering the
material on record, the II-Additional Judicial First Class Magistrate Court of Nizamabad, have taken cognizance for the offences punishable
U/Sec.376 (1) of I.P.C., against the accused No.1, for the offence punishable U/Sec.376 R/w.511 and 506 of I.P.C., against the accused
No.2 and registered the case as PRC.No.12 of 2018.
5.On appearance of the accused persons before the said Court, the case copies were furnished to them in compliance of U/Sec.207 of
Cr.P.C.
6.The I-Additional Judicial First Class Magistrate Court of Nizamabad, has committed the case to the Hon’ble Principal District and Sessions
Judge, Nizamabad, U/Sec.209 (a) of Cr.P.C., since the offence is
exclusively triable by the Sessions Court, with a direction to accused persons to present before the Hon’ble Principal District and Sessions
Judge, Nizamabad, on receipt of summons.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
7.Later, the Hon’ble Principal District and Sessions Judge,
Nizamabad, registered the case as S.C.No.99 of 2018 and issued summons to accused Nos.1 and 2. This case is made over to this Court for disposal, as per the Orders of the Hon’ble Principal District and
Sessions Judge, Nizamabad, vide Dis.No.285/15, dated 23.05.2018 in
accordance with the law.
8.On appearance of the accused Nos.1 and 2 before this Court, upon considering the material papers on record, heard the learned
Additional Public Prosecutor and the learned counsel for the accused
Nos.1 and 2 on framing of charges. The accused Nos.1 was charged offence punishable U/Sec.376 (1) of I.P.C., and the accused No.2 was charged offence punishable U/Sec.376 R/w.511 and 506 of I.P.C. The charges were read over and explained to the accused Nos.1 and 2,
U/Sec.228 (2) of Cr.P.C. When the accused Nos.1 and 2 are questioned, the accused persons were pleaded not guilty and claimed to be tried.
As the accused Nos.1 and 2 pleaded not guilty and claimed to be tried, this Court issued the trial schedule U/Sec.230 of Cr.P.C., for recording the evidence for prosecution.
9.To prove the prosecution case, the prosecution examined PW1 to
PW18 and got marked Ex.P.1 to Ex.P.24 got marked Ex.D1 and M.O.1 to
M.O.6 documents. The learned Additional Public Prosecutor given up the evidence of the remaining listed witnesses, i.e., LW.8, 9 and LW.11 to
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
15, LW18, LW23 to LW27 and LW31 to LW33 (Vallepu Jyothi, Balguri
Umapathi Rao, Sk. Shafiuddin, Bodasu Sayamma, Bodasu Sailu, Mamidi
Laxmi, Kanteshwer Pedda Bhoomanna, Thungapally Nagesh, Circle
Nodal Officer, Bharathi Airtel Limited, Nodal Officer, Telangana Circle,
Aircel Limited, Nodal Officer, AP&T Circle Idea Cellular Limited, G.
Srinivas, Dr. Gouthami, Smt. P. Seetharamanna, Smt. B. Mary
Sara Danamma and U. Sateesh) with that the prosecution closed its evidence.
10.On closure of evidence for the prosecution, the accused No.1 is examined U/Sec.313 of Cr.P.C., explaining the incriminating material found against the accused in the evidence of prosecution witnesses.
The accused having understood the same, denied and reported no defence evidence.
11.Heard the arguments for the learned Additional Public Prosecutor and the learned counsel for the accused No.1. Perused the evidence and documents.
12.Now the point for consideration is:
“Whether the prosecution is able to prove the guilt of accused No.1 U/Sec.376 (1) of I.P.C., beyond all reasonable doubt? If so, to what order?”
13. Point:The accused No.1 herein are charged for the offence punishable U/Sec.376 (1) of I.P.C., and the accused No.2 abated due to died on the report, alleging that that the accused Nos.1 committed rape
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
on her forcibly on PW1.
14.In order to substantiate the charges against the accused No.1, the prosecution relied on the evidence of PW1 to PW18 and got marked the documents as Ex.P1 to Ex.P24, Ex.D1 and M.O.1 to M.O.6. Ex.P.1 is the complaint, Ex.P.2 is the U/Sec.161 of Cr.P.C., statement of PW5, Ex.P.3 is the U/Sec.161 of Cr.P.C., statement of PW.6, Ex.P.4 is the Sec.161 of
Cr.P.C., statement of PW8, Ex.P.5 is the confession panchanama of A1,
Ex.P.6 is the signature on panchanama of PW.10, Ex.P.7 is the signature on panchanama of PW1, Ex.P.8 is the scene of offence and seizure panchanama, Ex.P.9 is the signature on panch chits of PW.12, Ex.P.10 is the Photographs of the accused, Ex.P.11 is the C.D., Ex.P12 is the
Photographs of the victim, Ex.P.13 is the Sec.161 of Cr.P.C., statement of
PW1, Ex.P.14 is the Potency Test Report, Ex.P.15 is Forensic Science
Laboratory Report, Ex.P.16 is the Final Opinion, Ex.P.17 is the Report of
PW.17, Ex.P.18 is the First Information Report, Ex.P.19 is the C.D.F., and rough sketch, Ex.P.20 is the scene and seizure panchanama, Ex.P.21 is the confession-cum-recovery panchanama of the A.1, Ex.P.22 is the confession-cum-recovery panchanama of the A2, Ex.P.23 is U/Sec.164 of
Cr.P.C., statement, Ex.P.24 if the Power Interception Report and Ex.D1 is the Sec.161 of Cr.P.C., statement of PW.7. M.O.1: (3) bottles, M.O.2:
saree, M.O.3: Petti coat, M.O.4: blue colour jeans pant, M.O.5: Jokey brayer and M.O.6: Cell phone.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
15. a)PW1/ victim deposed that about 8 years ago, as her husband went to Dubai for livelihood. Herself and her daughters along with her mother-in-law were staying at their house at Nyalkal. As her younger daughter was suffering with fever, herself and LW8/ Vallepu
Jyothi went to Medical Shop for purchase of medicines while returning from the medical shop there was a power cut in their lane. A1 came from behind and caught hold of her and left her sister. A1 took her to tower near by toddy shop and removed her clothes, A1 committed rape on her, she deposed that deceased/ A2 as pressed her mouth and left her. LW8 informed the same to her mother-in-law. She joined her mother-in-law/PW2 and narrated the incident. Thereafter, herself, along with PW2 to PW5 went to PW6 house and informed about the alleged incident. PW6 assured that he would talk to the accused on the next day morning. The accused was called on the next day by PW6 and PW6 beat A1 and deceased/ A2 in her presence and confessed his guilt
before PW6. A1 and deceased/ A2 offered money Rs.5,00,000/- to her
and refused the same and registered a complaint against A1 and deceased/ A2 before the Police. Ex.P1 is report. The contents in Ex.P1 is read over to her. Police examined and recorded her statement.
b)During the cross examination of PW1 stated that she is illiterate and she cannot read and write. She know only to sign, she is not residing with her husband. She admitted that herself and her husband leaving together with different persons in the same house. She
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
stated that she lodged a case against her husband before Mugpal Police
Station. She further denied that she have compromised two other cases
before Second Class, Magistrate, Nizamabad. She admitted that case is
pending against her husband which was filed by wife of A1 for the offence U/Sec.354 of I.P.C. She stated that on the next day of the alleged incident she lodged Ex.P1 before the Police. The Medical Shop is situated in the center of the village. She cannot say whether the distance between the medical shop and the tower is about 500 to 700 meters. She admitted that, she will take about 5 minutes to reach the said spot by normal walk. After lodging the report, Police never examined nor she went to Police. She cannot say the contents in Ex.P1.
She denied that she did not state before the Police, as in Ex.P1 and her
Sec.161 of Cr.P.C., statement. A1 is no way related to her. A1 belongs to her caste. She did not state before the Police, that A1 is related as her brother-in-law. A2 is related as son-in-law from her husband side.
She admitted that before her marriage with her husband she was proposed by A1 family members for her marriage. Both parties i.e., her family members and A1 family members did not agree with the proposal of marriage. She was admitted for 5 days after the alleged incident. She lot her “pustelu” (పుస్తె�లు) and sustained injuries on her forehand and chest. She stated before the Police, that she lost her “pustelu” (పుస్తె�లు) and sustained injuries on her forehand and chest. A1 lifted her on his shoulder, while A2 pressed her mouth forcibly. The
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
distance between tower and toddy shop is about 10 meters. Beside the
Medical Shop there is one Hospital, beside Hospital there is one Tailor shop. Opposite to Medical Shop there are residential houses. After, she was carried to the tower, power came back. She further denied that she did not state before the Police that, when she went to Medical shop for purchase of medicine for her daughter, the accused Nos.1 and 2 taking advantage of power cut, A1 lifted her and A2 pressed her mouth and carried her to nearby tower. She denied that she state before the Police that as in Ex.P1. She further denied that A1 never committed rape on her. She denied that there was previous rivalry against accused and her family members, she falsely implicated the accused Nos.1 and 2 in this case and lodged false case. She further denied that she is deposing false.
16. a)In the testimony of PW2 deposed that near about 8 years ago, PW1 lodged report before the Police, as her son went to Dubai for livelihood. Herself, PW1 along with her grand-daughter were staying at their house at Nyalkal. As her grand-daughter was suffering with fever,
PW1 and LW8 went to medical shop for purchase of medicines, LW8/
Vallepu Jyothi returned first and PW1 came weeping later and informed that, A1 and deceased/ A2 came and took PW1 to tower forcibly by putting hand on her mouth. She further deposed that PW1 stated that,
A1 and deceased/ A2 spoiled her life and thereafter, they went to Upa- sarpanch/Sridhar/PW6 and offered money through A1 and A2. For
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
which herself and PW1 refused to accept the money. Thereafter, herself, along with PW1, PW3 came to Government Hospital, Nizamabad and admitted there for 2 days. Thereafter, discharged from the
Hospital. Police examined her and recorded her statement.
b)During the cross examination of PW2 denied that near about 8 years ago, PW1 never lodged report before the Police, as her son went to Dubai for livelihood. She denied that herself, PW1 along with her grand-daughter were never staying at their house at Nyalkal.
She denied that her grand daughter never suffered with fever, she denied that PW1 and LW8 never went to medical shop for purchase of medicines. She further denied that LW8 never returned first and PW1 came back weeping later and never informed that, A1 and A2 came and took PW1 to tower forcibly by putting hand on her mouth. She denied that PW1 never stated that, A1 and A2 spoiled her life. She denied that they never sent to Upa-Sarpanch/ Sridhar/ PW6 and never offered money through A1 and A2. She denied that for which herself and PW1 refused to accept the money. She denied that herself, along with PW1,
PW3 never went to Government Hospital, Nizamabad and never admitted there for 2 days and that she is deposing false. She further denied that A1 and A2 no way connected with alleged offence and no such offence took place and that she is deposing false.
17. a)In the testimony of PW3 deposed that near about 7½ years ago, PW1 lodged report before the Police, as her son-in-law went to
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
Dubai for livelihood. PW1, PW2 along with her grand daughters were staying at their house at Nyalkal. She further deposed that as her grand-daughter was suffering with fever, PW1 and LW8 went to medical shop for purchase of medicines, LW8 returned first and PW1 came weeping later and informed that, A1 and deceased/ A2 came from behind and took PW1 to tower and committed rape on her by removing her clothes. PW1 came naked. PW1 stated that, A1 and deceased/ A2 spoiled her life and thereafter, they went to Upa-Sarpanch/Sridhar/PW6 and offered money through A1 and deceased/ A2. For which herself and PW1 refused to accept the money. Thereafter, herself, along with
PW1, PW2 went to Government Hospital, Nizamabad and admitted there for 6 days for treatment. Thereafter, discharged from the
Hospital. A1 and deceased A2 are responsible for the offence of rape on her daughter/PW1. A1 and deceased A2 confessed their guilt in presence of PW6. Police examined her and recorded her statement.
b)During the cross examination of PW3 stated that earlier to this alleged offence, previously A1 and his brother by name Venkat committed offence of grievous hurt against her. She denied that near bout 7½ years ago, PW1 never lodged report before the Police, as her son-in-law never went to Dubai for livelihood. PW1, PW2 along with her grand-daughter never stayed at their house at Nyalkal. She denied that her grand-daughter was not suffering with fever, PW4 and LW8 never went to medical shop for purchase of medicines, LW8 never returned
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
first and PW1 never came back weeping later and never informed that,
A1 and A2 never came from behind and never took PW1 to tower and never committed rape on her by removing her clothes. She denied that
PW1 never stated that, A1 and A2 never spoiled her life and they never went to Upa-Sarpanch/ PW6 and never offered money through A1 and
A2. She denied that herself, along with PW1, PW2 never went to
Government Hospital, Nizamabad and never admitted there for 6 days for treatment never discharged from the Hospital. She denied that A1 and A2 are no way responsible for the offence of rape on her daughter/
PW1. She denied that A1 and A2 never confessed their guilt in presence of PW6. She further denied that A1 and A2 no way connected with alleged offence and no such offence took place and that she is deposing false.
18. a)The testimony of PW.4 deposed that A1 about 8 years ago,
LW8/ Jyothi came to her house. LW8 knocked her house door and she informed that, PW1 was abutted forcibly by shutting her mouth by A1 and deceased/ A2 to nearby tower situated at toddy shop. On hearing this, herself, went to PW2 and PW3 and informed the same and came on the road where she saw victim/ PW1 was coming by weeping and naked. Thereafter, they took PW1 to PW6 and PW6 informed that, he will discuss about issue in the next day morning. On the next day morning PW6 called A1 and A2 at his house and after receiving 2, 3 slaps confessed their guilt and offered money to the victim/PW1. PW1
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
refused to accept the same as husband of PW1 was in Dubai and her modesty was outraged by A1 and deceased/ A2 and the same was known to entire village. Case was registered against A1 and deceased/
A2 by PW1. PW.18 came to inquiry and examined the scene of offence.
PW1 was admitted in the Government Hospital, Nizamabad for 5 days.
After collecting the samples, the sample were sent for examination.
Police examined her and recorded her statement.
b)During the cross examination of PW4 stated that she have never deposed before the Police. She divorced her husband about 5 years ago. There are several disputes in between their family members.
At first instance, when Police refuse to register case against A1 and A2.
A1 and A2 are their relatives. There are several disputes in between A1,
A2 and their family members. She further denied that A1, A2 never committed the alleged offence of rape against PW1 and that she is deposing false. She denied that there is rivalry between A1, A2 and their family members as such, she is deposing false. She further denied that no such alleged offence of rape occurred against PW1 and that she is deposing false.
19.PW.5, 6 and PW.8 deposed that they do not know anything about the case and resiled from their earlier statements and they were cross- examined by the learned Additional Public Prosecutor and they were turned hostile, except marking of Ex.P2 to Ex.P4 signatures of PW5, 6 and PW8.
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
20. a)In the testimony of PW7 deposed that he cannot say when the galata took place between PW1 and A1 and deceased/ A2.
Panchayath was held after 3 days of the incident in the presence of
PW6 and informed that PW1 was raped by A1 and deceased/ A2 and in the presence of the caste elders both accused Nos.1 and deceased/ A2 and victim along with village elders were present. A1 and deceased A2 stated that the accused persons have not committed any such offence.
The caste elders of Oddera (ఒడ్డె�ర) community demanded Rs.50,000/- for committing rape on the victim girl/PW1. For which A1 and deceased A2 refused and stated that they are no way concerned with the alleged offence and went away. On the next day PW1 lodged a report before the Police. Police examined her and recorded her statement.
b)During the cross examination of PW7 denied that he stated as in Ex.D1. “Nenu Nylkal Grama Vasudanu mariyu kirana vyaparam chesukoni jeevisthunnanu. Gatha konni rojula nundi kirana shop naduputhunnanu andhulo madhyam sisalu kuda amuthunnanu. Nenu
Nizamabad vellinappudu adiginavariki madhyam sisalu thechi amuthunnanu. 19.06.2017 roojuna ma gramaniki chendhina B. Laxman na vadhaku vachi Rs.300/- echi 3 biru sisalu tisukoni vellinadu.
Yevarikosam tisuku vellinado naku theliyadhu”. (నేనున్యా�ల్క�ల్గ్రా�మవాసుడను మరియుకిరాణవా�పార�చేసుకొనిజీవిసు� న్యా"ను. గతకొని"రోజుల్కను�డికిరాణషాప్నడుపుతున్యా"ను అం�దులోమద్యం��సీసాలుకూడాఅంముతున్యా"ను. నేనునిజామాబాదువెళ్ళి;నపు<డుఅండిగినవారికిమద్యం�� సీసాలుతెచ్చి@అంముAతున్యా"ను. 19.06.2017 రోజునమాగ్రా�మానికిచెం�దినబి. ల్కక్ష్మణ్నవద్యంHకువచ్చి@
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
300/- రJపాయలుఇచ్చి@ 3 బీరుసీసాలుతీసుకోనివెళ్ళి;న్యాడు. ఎవరికోసం�తీసుకువెల్లిTన్యాడోన్యాకు తెల్లియదు) He further denied that he deposed false at the instance of the
Police.
21. a)In the testimony of PW9 deposed that about 6½ to 7 years ago, he was called by the Police along with LW18, to act as panch witness to the house of A1. He was asked by the Police, to inquire with
A1, he inquired with him. A1 confessed that, he made the victim/ complainant drink alcohol forcibly and committed rape on her. And the accused confessed the guilt in his presence. Panchanama was conducted in his presence. Ex.P.5 is confession panchanama of accused
No.1.
b)During the cross examination of PW9 he stated that this incident occurred in the year, 2014, when he was posted in Nyalkal village. As there is gap of 7 years, he cannot recollect the entire contents of panchanama. He do not remember the entire contents of panchanama. He have not filed any document, to show that he was on duty as on the date of incident. There were no written instructions from his Superior Officer to attend the panchanama. He further denied that he entered into the witness box stated that S.I., asked A1 to narrate about the incident. Previously he deposed before the Court in one case.
He acted as panch witnesses in two cases. His Superior Officer at his work place is M.R.O., Mugpal. He is working at Nyalkal from March, 2017 to August, 2021. He admitted that there is no specific mention, in
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
the panchanama about the persons who called him to act as panch witness. He denied that himself and LW18 were not called together to act as panch witness in this case. He denied that he is a stock witness and he affixed his signatures at the instance of the Police. He denied that as he is in regular contact with the Police, deposing false at their instance. He denied that he never called by the Police to act as panch witness. He further denied that, Police never conducted panchanama in his presence and he is affixed his signature on some blank papers.
22. a)In the testimony of PW.10 deposed that about 5½ years ago, he was called by the Police to act as panch witness to the house of accused No.2. Police inquired about the address of A2, he showed the address of A2 at Nyalkal village, which is situated opposite to his shop.
No panchanama was conducted in his presence. He affixed his signature on some written papers. He do not know the contents in the panchanama. Ex.P6 is signature on panchanama.
b)During the cross examination of PW10 denied that on 28.11.2017 he was called by the Police to act as panch witness and accused
No.2 confessed his guilt in his presence. He denied that panchanama was conducted in his presence. He further denied that he is deposing false to help the accused No.2, who is resident of his village.
23. a)In the testimony of PW11 deposed that in the year, 2018, when he was at Mee-seva, Nyalkal village, he was called by the Police along with PW10, to act as panch witness to the house of A2. Police
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
inquired about the address of A2, he showed the address of A2 at
Nyalkal village, which is situated opposite to his shop. No panchanama was conducted in his presence, he affixed his signature on some written papers. He do not know the contents in the panchanama. Ex.P7 is signature on panchanama.
b)During the cross examination of PW11 denied that on 28.11.2017 he was called by the Police to act as panch witness and A2 confessed his guilt in his presence. He denied that panchanama was conducted in his presence. Nothng was seized in his presence. He identified his signature on seizure panch chits. He denied that one mobile by make HTC., was seized in his presence from the possession of accused No.2. He denied that he is deposing false to help the accused No.2, who is resident of his village.
24. a)In the testimony of PW.12 deposed that about 6 to 7 years ago, he was called along with LW.15 by the Police to act as panch witness at Cell tower situated at Nyalkal village tank. The Police shown the beer bottles and seized (3) beer bottles/ M.O.1 (3) bottle from the scene of offence in his presence. He cannot say the boundaries. The victim girl/ PW1 and accused Nos.1 and 2 consumed the beer bottles, which were shown to him. He affixed his signature on panch chits. Ex.P8 is scene of offence and seizure panchanama. Ex.P9 is signature on panch chits. Panchanama was conducted in his presence and he affixed his signatures.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
b)During the cross-examined of PW12 stated that he do not know the contents of the panchanama. He admitted that many people consume liquor at the scene of offence. He having cordial relationship with the Police as such, he is deposing false before this Court at their instance. He affixed his signature at the scene of offence on panch chits. Date is not mentioned on the panch chits. He further denied that the Police never conducted panchanama and that he is deposing false.
He do not know who consumed M.O.1.
25. a)In the testimony of PW.13 deposed that on 21.06.2017 as per the instructions of C.I., of Police, Nizamabad South Rural, he visited at Nyalkal cheruvu and obtained photographs of scene of offence and recorded the statement of the PW1 through I-pad and took photographs (8) Ex.P10 is photographs of the accused and copied the statement of the witness. Ex.P11 is C.D., and seized (3) beer bottles/ M.O.1 (3) bottles and also seized pant and drawer of A1. Police examined him and recorded his statement.
b)During the cross examination of PW13 denied that he never visited scene of offence and never obtained photographs at the scene of offence and no pant and drawer accused No.1 was seized from scene of offence. He denied that he is deposing false at the instance of his
Superior Officer. He do not know how many witnesses statements were recorded. He further denied that he never obtained the photographs of
A1 from the scene of offence.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
27. a)In the testimony of PW14 deposed that on 28.08.2017 as per the instructions of C.I., of Police, South Rural, he along with W.H.C.,
Seetharamamma, Inspector, visited scene of offence at Nyalkal cheruvu and obtained photographs (3) Ex.P12 is photographs of the victim, through mobile of Inspector and video-graphed the statement of the victim girl and recorded her statement and seized. Police examined her and recorded her statement.
b)During the cross-examined of PW14 denied that she never visited scene of offence and never obtained photographs and never recorded the video-graphed of victim/ PW1 at the scene of offence. She further denied that she is deposing false at the instance of her Superior
Officer.
28. a)In the testimony of PW.15 deposed that as per the directions of S.H.O., Mugpal Police Station she recorded the statement of victim on 21.06.2017 she examined and recorded the statement of the victim girl Pitla Swapna/ PW1 at Government Hospital., G.G.H.,
Nizamabad. She further stated that the accused No.2 in the morning hours at about 11:00 a.m., as per her Sec.161 of Cr.P.C., statement of victim girl she recorded the same. Ex.P13 is Sec.161 of Cr.P.C., statement of PW1.
b)During the cross-examined of PW15 admitted that there is alteration in the time of Sec.161 of Cr.P.C., statement of victim girl. She affixed her signature on the last page of the Sec.161 of Cr.P.C.,
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statement of the victim girl. She denied that she never visited
Government Hospital, Nizamabad and never recorded the statement of the victim girl/ PW1. She denied that she affixed her [signature on blank papers as per the instructions of her S.H.O. She further admitted that no date is mentioned at her signature and she denied that she is deposing false.
29. a)It is the testimony of PW16 stated that he received requisition on 22.06.2017 from C.I., of Police, Mugpal Police Station to conducting Potency Test of the accused. Based on which she issued
Potency Test report. Ex.P14 is Potency Test Report. There is nothing to suggest that the accused is not capable of performing sexual intercourse.
b)During the cross examination of PW16 admitted that examination for Potency Test is mentioned in Medical Jurisprudence.
Generally it is conducted by collecting sensation around genetal area. If there are erection of penis it rules out any decease of the potency abnormal. He admitted that the increase of size in penis due to blood circulation and physiological feeling. He admitted that for knowing blood circulation dopler test is conducted. He denied that he issued
Ex.P14 without any test at the instance of Police and he is deposing false. No physiological test is conducted on the accused.
30. a)In the testimony of PW17 deposed that she received requisition on 21.06.2017 from C.I., of Police, Mugpal Police Station to
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examined the victim lady and conducted examination and collected vaganal, cervical, smears, red and blue and black color saree, blue color inner petticoat and send the same to F.S.L., Hyderabad for chemical analysis. M.O.2 (saree) ane M.O.3 (petticoat) and to received
F.S.L., report. Ex.P15 is F.S.L., report, dated 01.12.2017 and final opinion report and Ex.P16 is final opinion and gave report that semen and spermatozoa are not detected in vaginal, cervical, smears and found on petticoat. Based on Ex.P15 and Ex.P16 he issued report
Ex.P17 is his report. “Possibility sexual assault cannot be excluded.
b)During the cross-examination of PW.17 admitted that there is no date mentioned as per Ex.P.17 along with RC., number. She admitted that as per Ex.P.17 report issued by her two different inks were used. She admitted that it is not mentioned that his Assistant, assisted in preparing Ex.P.17. She denied that Ex.P.17 is not issued by him. She further admitted that all the contents were written by his
Assistant Professor. She admitted that as per Ex.A17 the women was sexual active. M.O.2 and M.O.3 are procured from the body of the victim during the course of examination. She further denied that his opinion as per Ex.P17 is just and presumption. Se denied that he never conducted examination of the victim and issued Ex.P.17 at the instance of Police and that she is deposing false.
31. a)In the testimony of PW.18 deposed that during the course of investigation he rushed to the Mugpal Police Station and took up the
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investigation from LW33/ U. Sateesh, Sub-Inspector of Police, Mugpal and informed the same to superior Officers through phone. He rushed to Mugpal Police Station and took up investigation from LW33 and verified investigation from LW.33 to be on proper lines. He further deposed that during the course of investigation, he rushed to scene of offence situated at cell tower, Nyalkal village limits along with the victim lady/ PW1 and women PC-1980 and LW31/ Seetharamanamma, the PW1/ victim shown the scene of offence, as such he observed the scene of offence minutely and secured the presence of two mediators i.e., PW12 and LW15, and conducted scene of offence and prepared rough sketch Ex.P19 is C.D.F., and rough sketch and M.O:1 seized three empty Kingfisher strong beer bottles vide 1) N.LIC No.10014047000293,
dated 09/JUN/17/159/L2, 2) No.LIC No.10014047000293, dated
20/FEB/17/668/LI and 3) No.LIC No.10014047000293, dated 20/FEB/17/668/L1 under cover of scene of offence and seizure panchanama and drew rough sketch of the scene before the mediators from 1800 hours to 1845 hours and took the photographs of the scene with the help of LW21 and conducted seizure panchanama in their presence.Ex.P20 is scene and seizure panchanama. He further deposed that after completing the scene of offence panchanama, he went to the
Government General Hospital, Niamabad along with PW1-1/ victim lady at 1900 hours, and referred the PW-1/victim lady/ Smt. Pitla Swapna @
Leela W/o Chinna Sailu to Govt., General Hospital, Nizamabad under the
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escort of WPC-1980, WHG-685 along with requisition to the lady Medical
Officer to examined the victim lady and issue report and M.O:2 and
M.O:3seized the cloths of the victim lady. Further the LW-34 filed another requisition, PD, ICDS Women & Child Welfare, Nirbhaya Center, 5th floor, Govt., General Hospital, Nizamabad for Medical treatment and habilitation. Ex.P17 is report. He further deposed that during the course of investigation he sent a requisition to the Inspector of Police, S.H.O.,
Women Police Station, Nizamabad with a request to depute one Women
Police Officer, to record the statement of victim girl. Accordingly the Lw- 30/Smt. Pushpavathi, Woman Asst., Sub-Inspector of Police, visited the
Govt., General Hospital, Nizamabad and examined the victim lady/PW-1 and recorded her statement U/Sec.161 of Cr.P.C., and incorporated in part-II CD and under the video & photography of Lw-21. He further deposed that during the course of investigation, he visited the Govt.,
General Hospital, Nizamabad and secured the presence to witness i.e.,
PWs2 to 5 examined and recorded their statement in part-II CDs in detail and took the photography with the help of LW-21. During the course of investigation, on 22.06.2017 he visited Nyalkal village and secured the presence of witness i.e., PW6 and 7 and examined and recorded their statement in Part-II CDs in detail. He further deposed that on 22.06.2017 he along with staff rushed to the Nyalkal village and apprehend the accused at his house bearing No.3-90/14, on tactical interrogation the accused is ready to confess his offence, as such the
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PW.18 secured the presence of two mediators i.e., 17 and 18 and recorded the confession statement of the accused. On credible information on 22.06.2017 himself along with staff rushed to the
Nyalkal village and apprehend the accused at his house bearing No.3- 90/14, on tactical interrogation the accused is ready to confess his offence, as such the PW.18 secured the presence of two mediators i.e.,
PW.9 and LW.18 and recorded the confession statement of A1/ Batthula
Ramu S/o Kondaiah, Age: 31 years, Caste: Vaddera, Occ: Labor work
R/o H.No.3- 90/14, Nyalkal village, Mugpal Mandla of Nizamabad district in which the accused confessed that A1 is resident of Nyalkal village.
About one year back his marriage held with Veena D/o Sailoo from
Sarangapoor village. At present she is 8 months pregnancy. A1’s villager Smt. Pitla Swapna @ Neela W/o Chinna Sailu, Age: 25 years,
Caste: Vaddera. Occ: Agricultrue is his neighbor. About one year back her husband/ Chinna Sailoo went to Abroad. She residing with her two children in her house and she is the cousin sister-in-law to him. She moves closely with him. A1 is maintaining distance with his wife since one month as she is pregnancy. On that A1 is intended to participate sexual enjoyment with Swapna. About four days back i.e., on 19.06.2017 (Monday) at 11 p.m., his brother-in-law/ Bodas Laxman S/o
Shanker visited the house of the Swapna, on that Swapna asked the
Boda Laxman to arrange party as he was going to join in new job [labour work] as well as he have purchased a motor cycle, response to
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
her request. Bodas Laxman agreed arrange party and decided to go to
Siddula gutta. Bodas Laxman called him to join in the party. On that she agreed to join in the party, Bodas Laxman dropped Swapna and her younger sister Jyothi at Siddula Gutta, and came to him and also dropped him on Siddula gutta. thereafter Bodas Laxman went to Sirpur village and brought [03] beer bottles and one cool drink bottle.
However to-day A1 wants participate sexual enjoyment with Swapna and waiting for opportunity. Due to presence of Jyothi and Bodas laxman A1 could not fulfill his desire with Swapna. All are having party.
While party is going on, A1 informed that evening he will arrange beer party, with intention to participate intercourse with the Swapna, later they returned to Nyalkal village by 4 p.m., and went to their houses. On the same day at about 7 p.m., Bodas Laxman called A1 and asked about the party, on that he informed that he will ready to give party, and instructed to get Smt. Pitla Swapna @ Neela to infront of house of
Kategari Sridhar along with him. Accordingly Bodas Laxman brought
Smt. Pitla Swapna @ Neela along with him and came to in front of house of Kategari Sridhar. Immediately he given [300/-] three hundred
Rupees to Bodas Laxman and instructed to bring [03] beer bottles, accordingly, Laxman brought three beer bottles from Bharath kirana shop and they all are went to cell tower situated in the village outskirts where they consumed beers up to 9 p.m. Later Laxman left from there by saying that A1 is going to his house. On that he think it is good
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
opportunity to participate intercourse with Smt. Pitta Swapna Neela and forcibly took her by holding her hands to near the babul tree, she made hue and cries, but he did not hear her words and forcibly committed rape on her against her will. Later A1 went to his house, he learnt that the Swapna informed the matter to his mother-in-law and mother by wiping, due to fear he escaped from the village and wait to
Sarangapoor village and stayed in the Sarangapoor village up to to-day and decided went to Hyderabad for some period, as such to-day A1 came to his house to collect the money and luggage, in the mean while
Police came and apprehended A1, on enquiry he confessed his guilty
before the mediators and he further added that since the day of
incident he did not changed his dress, and showing his dress [which was present on his body] by informing that "these are the cloths on his person, when A1 committed rape on the Swapna", on the instructions of
C.I., of Police, he went in to the house and changed the dress and handover the pant and underwear, on the instructions of C.I., of Police, the panchas observed the pant, and found blue colour jeans pant and under wear is yellow colour JOCKY company, the C.l., of Police seized the pant and underwear for the purpose of investigation and sent to
F.S.L., duly affixing the panch chits under cover of confessional and seizure panchanama before the mediators. Ex.P21 and Ex.P22 is confession-cum-recovery panchanama of A1 and deceased/ A2. He further deposed that after completion of confessional and seizure
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
panchanama, A1 brought to Police Station at 1615 hours and affected his arrest by issuing arrest memo against him duly informing the grounds of arrest to him and to his mother/ Smt. Bathula Anjamma as per Sec.50 of Cr.P.C., thereafter, he examined the photographer/ LW21 and recorded his statement in part – II CD. A1 was subjected for clinical examination at the Govt., Medical College Nizamabad for evaluation regarding his capability to perform the act of sex. Accordingly, the
Professor conducted potency test on A1. Later A1 produced before the
Hon'ble Court along with R.C.D., for remand. Ex.P14 is Potency Test
Report. He further deposed that on 23.06.2017 he visited the Nyalkal village and secured the presence of witnesses i.e., PW8/ Jyothi.
Lw-09/Balguri Umapathi Rao, and Pw-10/Bharath Rao and examined and recorded their statements in part-II CDs. Thereafter, visited the
Sirpur village and secured the presence of witnesses i.e., Pw-11/Sk.
Shafiuddin and examined and recorded his statement in part-II CD.
During the course of investigation Lw-28/ Dr. Rajeshwari, Associate
Professor, Government Medical College, Nizamabad, Lady Medical
Officer, on 24.06.2017 he forwarded the material objects to the F.S.L.,
TS., Hyderabad through Escort PC-1557 with a request to analysis the material objects and furnish report. Ex.P15 and Ex.P16 are F.S.L., and
Final Opinion. During the course of further investigation, on 01.07.2017 the he filed a requisition before the Lw-32/ Hon'ble Court with request to record the Sec.164 of Cr.P.C., statement of the victim lady. The
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Hon'ble Court allowed the petition and issued summons to the Pw-1. On
15.07.2017 LW32 the I-Addl., J.F.C.M., recorded U/Sec.164 of Cr.P.C., statement of the PW1 Ex.P23 is Sec.164 of Cr.P.C., statement of the victim/PW1.Further on 28.08.2017 he sent requisition to S.H.O.,
Women Police Station to re-record the statement of the victim girl.
Based on his instructions LW31/Seetharamanamma re-recorded the statement of the victim girl. Thereafter, he secured the presence of
PW4 and re-recorded the statements of the PW4 after obtaining legal opinion and Sec.164 of Cr.P.C., statement of the victim girl prima facie made out against A1 for the offence U/Sec.376, 511, 506 of I.P.C. On 28.11.2017 he rushed Nyalkal village to apprehend the deceased/ A2 with is house at 9 hours on integration when the accused was about to confess he secured PW10 and PW11 and conducted confession and seizure panchanama of deceased A2. After completion of confession statement of seizure panchanama of deceased/ A2 he was brought to
Police Station and affected the arrest he produced the deceased A2
before the Hon’ble Court. In the meanwhile, PW17 as conducted
analysis on the material of the collected by Medical Officer from the victim and opined item 1 to 6 are not examined in semen and spermatozoa are not detected in item Nos.1 to 3, 5 and 6. After receiving F.S.L., report on 22.12.2017 he collected MO:2 to MO:5 (MO:2 blue colour saree, MO:3 petticote, MO:4 blue colour Jeans pant, MO:5
Jockey drawer of A1 and MO:6 cellphone along with sim seized from the
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possession of deceased A2 and deposited before the Court. He further deposed that on 15.11.2017 he addressed a letter to Additional
Divisional Engineer, Operation Rural SD., Nizamabad to furnish copy of power interception report as on the date of the incident. Accordingly
LW26 furnished report on 22.12.2017. Ex.P24 is Power interception report.On completion of investigation he filed chargesheet against A1 for defence U/Sec.376 (1) of I.P.C., and Sec.376/511 and 506 of I.P.C., against the deceased/ A2.
b)During the cross-examined of PW.18 admitted that F.I.R., is lodged on the next day of the incident. He admitted that victim and the accused are related to each other. He admitted that PW1 stated before
LW.12 and LW.13 there was power interception as on the date of the incident by taking advantage of the same A.1 and A.2 complaint rape against PW1. He admitted that as per Ex.P24 there was no power interception as on 19.06.2017 at about 8:30 hours and also from the evening 6:00 p.m., to 9:00 p.m. He denied that behind the cell tower there is one toddy shop. He stated that he do not know about the case filed by the victim and against her. He admitted that license is not allotted to any person to sell the liquor. He admitted that victim and the accused leaves in the same locality. He admitted that PW1 did not mention that the accused were absconding from the alleged date of the incident he have not filed any document to show that Bhooma Goud is owner of the scene of offence. The distance between the victims house
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and scene of offence is approximately 300 meters. He admitted that there are several houses and shops near the scene of offence. He admitted that no call date records of PW1 and accused persons were collected during the course of investigation. He further denied that no such incident occurred and no scene of offence panchanama was conducted in the presence of PW12 and LW15 and he denied that A1 never confessed in the presence of PW9 and LW18 and seized anything in their presence. He denied that A2 never confessed in the presence of
PW9 and LW18 and never seized anything in their presence. He denied that M.O.1 to M.O.5 are planted. He denied that Sec.164 of Cr.P.C., statement of PW1 was recorded at the instance of Police. He denied that LW16 and LW17 never treated the accused and victim never issued report and Ex.P15 to Ex.P17 are created and fabricated for the purpose of the case. He denied that the accused is not way concerned with alleged offence. He further denied that he conducted table investigation and filed false charge-sheet against the accused and that he is deposing false.
32.A bare perusal of Section 376 (1) of I.P.C., would reveal that to establish an offence under this Section it must be proved that the person charged with the offence had the intention to commit rape of the victim/ PW1 decision in Gopal & Ors.
V/s. State of Tamil Nadu).
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33.We have referred to the charge framed against the accused
U/Sec.376 (1) of I.P.C., only to indicate that the case of the prosecution, going by the charge was that the accused committed rape. In the contextual situation it is apposite to refer to the decision of a Division
Bench of High Court of Delhi in State V/s. Sushil Sharma. It was held therein thus:- “It is well settled that in criminal cases there is no room for conjectures and surmises. The prosecution is supposed to establish its case as it put forth by it and if the case is disbelieved on any aspect by the Court then the Court cannot make out a new case on its own for the prosecution.”
We agree with the aforesaid proposition. As a matter of fact, in the appeal which arose from the Judgment in Sushil Sharma’s case (supra) this Court only commuted the capital sentence to life sentence.
We are not oblivious of the fact in the instant case though the prosecution did not establish its case as is put forth it cannot be said that the Court on its own made out a new case for the prosecution.
34.Despite the aforesaid very infirmity, this Court has taken due care and caution to analyze and appreciate the evidence of the prosecution.
The raisond’etre for our remark would come to the fore on a bare perusal of the appreciation of evidence undertaken in the instant case.
We have already found that even after finding that none had seen the victim lastly in the company of the accused the trial Court held that the
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materials discussed viz., the evidence of PW.6, PW.7, PW.17 and PW.18 would be sufficient to show the presence of the victim with the accused just prior to her rape. PW.6, PW7, PW.17 and PW.18.
35.As per PW.6 and PW7 that the panchayath was held after 3 days of the incident in the presence of PW6 and informed that PW1 was raped by A1 and A2 and in the presence of the caste elders both accused Nos.1 and 2 and victim along with village elders were present.
A1 and A2 stated that they have not committed any such offence. The caste elders of Oddera community demanded of Rs.50,000/- for committing rape on the victim girl/ PW1. For which A1 and A2 refused and stated that they are no way concerned with the alleged offence and went away. On the next day PW1 lodged a report before the Police.
Police examined him and recorded her statement.
36.As per PW.17 that she conducted examination and collected vaginal, cervical, smears, red and blue and black color saree, blue color inner petticoat and send the same to F.S.L., Hyderabad for chemical analysis. M.O.2: (saree) and M.O.3: (petticoat) and to received F.S.L., report. Ex.P15 is F.S.L., report, dated 01.12.2017 and final opinion report and Ex.P16 is final opinion and gave report that semen and spermatozoa are not detected in vaganal, cervical, smears and found on petticoat. Based on Ex.P15 and Ex.P16 issued report Ex.P17 is his report. “possibility sexual assault cannot be excluded.
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37.As per PW.18 thoroughly investigated in this case and issued
F.I.R., and arrested the accused. The PW.18 is corroborated the version of PW.6 and PW.7 and proved the guilt of the accused No.1.
38.Bearing in mind the afore-mentioned crucial aspects, now, the evidence of PWs1 to 4, 9, 12, 14, 17 and PW18 has to be analyzed so as to consider whether it constitutes positive evidence This question has to be addressed in the light of Section 60 of the Evidence Act, 1872 which postulates that oral evidence must be direct in all cases.
39.This Court must cogently and firmly establish the chain of circumstances right from the victim is raped situated at Nyalkal village by the accused. The prosecution has proved the guilt of the accused beyond all reasonable doubts and human probability.
From the evidence of PW-1 and the materials adduced by the prosecution, it is clearly brought in evidence that the victim was subjected to rape both by accused no. 1 as well as accused No.2.
Referring to the evidences of PW-2 to 4, PW-16 PW-17 PW-18. When the evidence adduced by the prosecution is very clear that she was subjected to sexual intercourse by more than one person, in our view, the act clearly falls within Explanation 1 to Section 376 (prior to the
Amendment Act 2013) which reads asunder:
Explanation 1 to Section 376 “Where a woman is raped by one or more in a group of persons acting
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in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub- section’.
Considering the evidence of PW-1 and other evidences, in our considered view, even though no charge was framed under Section 376(2)(g) I.P.C., the conviction of the appellants under Section 376(2)
(g) I.P.C., cannot be faulted. Considering the evidence adduced by the prosecution in particular evidence of the victim (PW-1), We are of the view that no serious prejudice has been caused to the accused by conviction under Section 376(2)(g) I.P.C.
So far as quantum of sentence is concerned, Section 376 IPC- punishment for rape has been amended by Act 13 of 2013 (with retrospective effect from 03.02.2013). As per the amended section, the minimum sentence of seven years is provided for the offence of rape which may extend to imprisonment for life. After the amendment, no discretion is vested with the Court to reduce the sentence. Prior to the amendment (Amendment Act 13 of 2013) for the punishment under
Section 376(2)(g) I.P.C., it provided for rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine. Prior to the amendment (Amendment
Act 13 of 2013) by the proviso to Section 376(2) I.P.C., the Court has been vested with the discretion that for adequate and special reasons
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to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
11.The question falling for consideration is whether there are adequate and special reasons warranting exercise of is ‘adequate and special reasons’ would depend upon several factors and no strait-jacket formula can be imposed. No catalogue can be prescribed for adequacy of reasons nor instances can be cited regarding special reasons. They differ from case to case.
40.In view of the above, this Court holds that the accused No.1 has committed rape on the victim, when the victim demanded money from the accused, which clearly established the case of the prosecution beyond reasonable doubt.
41.With the above said discussion, this Court has opined that the accused No.1 has committed the offence U/Sec.376 (1) of I.P.C., and he is found guilty for the said offence, hence, the prosecution has proved the guilt of the accused beyond all reasonable doubts.
42.On considering the entire case, this Court has arrived at a conclusion that the prosecution has proved the guilt of the accused
No.1 beyond all reasonable doubts for the offence U/Sec.376 (1) of I.P.C.
Accordingly, the point is answered.
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S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
43. In the result, the accused No.1 is found guilty for the offence
U/Sec.376 (1) of I.P.C., and accordingly, he is convicted of the same
U/Sec.235 (2) of Cr.P.C.
Typed to my dictation by the Stenographer Grade-III, corrected and pronounced by me in open Court, on this the 22nd day of April, 2025.
Sd/-
FAC: Special Sessions Judge for Fast Tracking the cases relating to Atrocities against Women-cum-II Additional District and Sessions Judge, Nizamabad.
44.The accused is present. The accused is examined U/Sec.235 (2) of Cr.P.C apprising the quantum of sentence prescribed for the offences proved against him. The accused is found guilty for the offences
U/Sec.376 (1) of I.P.C., and accordingly, he is convicted of the same
U/Sec.235 (2) of Cr.P.C.
45.The plea of the accused is recorded in a separate sheet.
46.On questioning the quantum of sentence, the accused stated that
I am having wife and blessed with small children. I am the sole bread winner of the family.
This Court is inclined to take a lenient view.
47. This Court has gone through the submission of the accused and also the plea of accused. In view of the offence committed by accused, this Court is of the view that this is not a fit case to take lenient view.
Hence, sentencing the accused to imprisonment would only meet the ends of justice. As such, in the interest of justice, this Court is inclined
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
to proceed to convict the accused, as he is not entitled to any lenient view. Further, this Court is not inclined to invoke the provisions of the
Probation of Offenders Act or Sec.360 of Cr.P.C., in view of the nature of offences committed by the accused.
48. The accused is apprised of about his right to prefer an appeal
before the Hon'ble High Court against the Judgment passed by this
Court. The accused is further informed that he will be provided free legal aid to prefer an appeal, if required. Free copy of Judgment is supplied to the accused.
49. In the result, the accused No.1 is found guilty for the offence
U/Sec.376 (1) of I.P.C., and accordingly, he is convicted of the same
U/Sec.235 (2) of Cr.P.C.
The accused is sentenced to undergo LIFE IMPRISONMENT and to pay a fine of Rs.1,000/- (Rupees One Thousand only) for the offence
U/Sec.376 (1) of I.P.C. In default of payment of fine, he shall undergo
simple imprisonment for a period of one (01) month.
The remand period already undergone by the accused No.1 from 05.07.2017 to 07.09.2017 shall be set off U/Sec.428 Cr.P.C.
The MOs 1 to 5 shall be destroyed after the appeal time is over.
MO.6-cell phone of the accused No.2, which shall be made return to concerned person.
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
50. In the result, the accused is found guilty for the offences
U/Sec.376 (1) of I.P.C., and accordingly, he is convicted of the same
U/Sec.235 (2) of Cr.P.C.
Typed to my dictation by the Stenographer Grade-III, corrected and pronounced by me in open Court, on this the 22nd day of April, 2025.
Sd/-
FAC: Spl., Sessions Judge for Fast Tracking the cases relating to Atrocities Against Women- cum-IV Additional Sessions Judge, Nizamabad.
: : APPENDIX OF EVIDENCE :: :Witnesses examined:
FOR PROSECUTION:
PW1 : Pitla Swapna @ Neela (LW1) Complainant and victim.
PW2 : P. Pochamma (LW2). Witness and mother-in-law of the victim.
PW3 : O. Yellamma (LW3). Witness & mother of the victim.
PW4 : B. Laxmi (LW4). Witness & sister of the victim.
PW5 : B. Narsimulu (LW5). Witness & brother-in-law of the victim. PW6 : K. Sridhar (LW6).Witness and village elder.
PW7 : Bharath Rao (LW10).Witness & owner of the belt shop. PW8 : P. Pentaiah (LW7). Witness and caste elder. PW9 : P. Pruthviraj Goud (LW17). Panch for confession & seizure of the A.1. PW10 : K. Sai Kumar (LW20). Panch for confession & seizure cell phone of A.2. PW11 : B. Poshetty (LW19). Panch for confession & seizure cell phone of A.2. PW12 : K. Kiran Rao (LW16). Panch for the scene of offence &
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
seizure. PW13 : A. Limbadri (LW21). Witness & took the photographs and recording of statement of victim lady, scene of offence and confessional and seizure of pant and drawer of A.1.
PW14 : V. Suhashini (LW22). Witness & took the videography at the time of re-recording Sec.161 of Cr.P.C., statement of victim and took the photographs of confessional and seizure of cell phone of A2. PW15 : Smt. B. Pushpavathi (LW30). Recorded the statement of victim.
PW16 : Dr. B.V. Naga Mohan (LW29). Conducted clinical examination on A.1.
PW17 : Dr. Rajeshwari (LW28). Treated the victim.
PW18 : H. Venkateshwarlu (LW34). Investigation Officer and arrested the accused.
FOR DEFENCE:
- None - :: EXHIBITS MARKED :: FOR PROSECUTION:
Ex.P1 : Complaint. Ex.P2 : U/Sec.161 of Cr.P.C., statement of PW5. Ex.P3 : U/Sec.161 of Cr.P.C., statement of PW6. Ex.P4 : U/Sec.161 of Cr.P.C., statement of PW8. Ex.P5 : Confession panchanama of A1. Ex.P6 : Signature on panchanama of PW10. Ex.P7 : Signature on panchanama of PW11. Ex.P8 : Scene of offence and seizure panchanama. Ex.P9 : Signature on panch chits of PW12. Ex.P10 : Photographs of the accused. Ex.P11 : C.D. Ex.P12 : Photographs of the victim. Ex.P13 : Sec.161 of Cr.P.C., statement of PW1.
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
Ex.P14 : Potency Test Report. Ex.P15 : Forensic Science Laboratory Report. Ex.P16 : Final Opinion. Ex.P17 : Report of PW17. Ex.P18 : First Information Report. Ex.P19 : Crime Detail Form and rough sketch. Ex.P20 : Scene and seizure panchanama. Ex.P21 : Confession-cum-recovery panchanama of A1. Ex.P22 : Confession-cum-recovery panchanama of A2. Ex.P23 : U/Sec.164 of Cr.P.C., statement of the victim. Ex.P24 : Power interception report.
FOR DEFENCE:
Ex.D.1 : Sec.161 of Cr.P.C., statement of PW7.
:: MATERIAL OBJECTS MARKED ::
M.O.1 : (3) bottles. M.O.2 : Saree. M.O.3 : Petticoat. M.O.4 : Blue colour Jeans Pant. M.O.5 : Jokey drawer of the accused. M.O.6 : Cell phone.
Sd/-
FAC: Spl., Sessions Judge for Fast Tracking the cases relating to Atrocities against Women-cum-IV Additional Sessions Judge, Nizamabad.
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
IN THE COURT OF SPL., SESSIONS JUDGE FOR FAST TRACKING THE
CASES RELATING TO ATROCITIES AGAINST WOMEN-CUM-
IV ADDITIONAL SESSIONS JUDGE, NIZAMABAD
Present: T. Srinivas, Special Sessions Judge for Trial of cases under SCs/STs (PoA) Act cum-II Additional
Sessions Judge, Nizamabad,
FAC: Special Sessions Judge, for Fast Tracking the cases relating to Atrocities against Women-cum-IV Additional Sessions Judge, Nizamabad. Dated on this the 22nd day of April, 2025 S.C.No. 99 of 2018 (Cr. No.26 of 2017 of Mugpal Police Station, Nizamabad ) Between: Circle Inspector of Police, Nizamabad-Rural, South of Mugpal Police Station, Nizamabad.
..Complainant
A N D Bathula Ramu S/o. Kondaiah.
..Accused
1Date of offence. 19.06.2017. 2Date of report or complaint.21.06.2017.
3Date of apprehension of accused.22.06.2017.
4Date of release on bail.07.09.2017.
5Date of commitment.15.05.2018.
6Date of commencement of trial.19.02.2024.
7Date of close of trial.18.03.2015.
8Date of Judgment. 22.04.2025.
9Explanation of delay and remarks.---
Encl: Copy of Judgment.
Sd/-
FAC: Spl., Sessions Judge for Fast Tracking the cases relating to Atrocities against To Women-cum-IV Additional Sessions Judge,
FAC: IV ADJ.
S.C.No. 99 of 2018. Mugpal Police Station, Nizamabad V/s. Bathula Ramu and another Date: 22.04.2025.
Nizamabad. The Hon’ble Registrar (Judicial), High Court of Telangana, Hyderabad.
FAC: IV ADJ.