-- 1 -- S.C. 3 /2025 VIII ADJ, Rjy
APEG010001682025
IN THE COURT OF VIII ADDL. DISTRICT & SESSIONS JUDGE CUM SPL.
JUDGE FOR TRIAL OF OFFENCES AGAINST WOMEN :: EAST GODAVARI
DISTRICT: RAJAMAHENDRAVARAM
Present: Sri Y. Bennayya Naidu, VIII Addl. District and Sessions Judge cum Spl. Judge for Trial of Offences against Women, Rajamahendravaram.
Wednesday, the 25th day of March, 2026
SESSIONS CASE NO.3/2025
Between: ComplainantState: Inspector of Police, Samalkot P.S (PRC.No. 22/2024 in Cr.No.333/2023 of Samalkot PS.
Name and description of Pepakayala Sri Ranganadha Swamy, S/o. accusedSuribabu, aged 25 years, Moolaveedhi, D.No.6-74/1, P.B. Devam village, Samalkot Mandal.
Nature of ChargeUnder sections 376(2)(n), 417, 328, 354-C, 354-A of IPC
Plea of accusedPleaded not guilty
Finding of the JudgeFound guilty.
Sentence or Order In the result, the accused is found guilty for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC.
i) So accordingly the accused is sentenced to undergo with rigorous imprisonment for a period of 10 years (TEN YEARS)and also he shall pay a fine of Rs.5,000/- (Rupees five thousand only), in default of payment of fine, shall undergo simple imprisonment for a -- 2 -- S.C. 3 /2025 VIII ADJ, Rjy period of TWO YEARS for the offence under Section 376(2)(n) of Indian Penal Code.
(ii) Further the accused is sentenced to undergo with simple imprisonment for a period of 1 year (ONE YEAR) for the offence under section 417 of Indian Penal Code.
(iii)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 5 years (FIVE YEARS)and also he shall pay a fine of Rs.5,000/- (Rupees five thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of ONE YEAR for the offence under Section 328 of Indian Penal Code.
(iv)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 1 year (ONE YEAR)and also he shall pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of THREE MONTHS for the offence under Section 354(C) of Indian Penal Code.
(v)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 1 year (ONE YEAR)and also he shall pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of THREE MONTHS for the offence under Section 354(A) of Indian Penal Code.
The above sentences shall run concurrently.
(vi) The bail bonds of accused and surety bonds of surety persons shall remain in force for a period of six -- 3 -- S.C. 3 /2025 VIII ADJ, Rjy months and shall stands cancelled after expiry of six months period under Sec.437(A) Cr.P.C.
(vii) The remand period of accused i.e. from 23.11.2023 to 23.12.2023 shall be given set off under Sec.428 Cr.P.C.
(viii) The unmarked property if any, shall be destroyed after expiry of appeal time. The committal court is hereby directed to take steps for disposal of unmarked property if any, in accordance with law after appeal time is over.
(ix) The accused is informed that he can prefer an appeal against the judgment before the Hon’ble High Court of Andhra Pradesh at Amaravathi and he can approach the Legal Services Authority of the Hon’ble High Court or the District Legal Services Authority, Rajamahendravaram for Legal Aid, if necessary.
(x) Further on considering the evidence of PW1 victim and the case of prosecution, I have clearly found that the victim is in vulnerable situation due to fraud played by accused against PW1 victim and also due to sustaining of more loss and damage by PW1 in body, mind and reputation due to acts of accused against the victim.
Therefore, I found that in view of the above facts and circumstances of the case, it is very fit case to grant compensation to PW.1 victim under the provisions of Sec.357 Cr.P.C. and under -- 4 -- S.C. 3 /2025 VIII ADJ, Rjy the provisions of Victim Compensation Act by reason that the victim PW1 is very desirable to get compensation.
So accordingly the matter is referred and recommended to District LegalServicesAuthority, Rajamahendravaram for the purpose of determination of suitable compensation to PW1 victim and also to pay the suitable compensation to PW1 victim under the provisions of Victim Compensation Act and as well as under Sec.357 Cr.P.C.
(xi) Further PW1 victim is hereby directed to appear before District LegalServicesAuthority, Rajamahendravaram and also submit requisition for the purpose of determination of suitable compensation.
(xii) The office is hereby directed to send the copy of judgment to the District LegalServicesAuthority, Rajamahendravaram immediately without any delay.
This case is coming on 11.02.2026 for final hearing before me in the presence of Additional Public Prosecutor for the State and of Sri.G. Mohana Murali, counsel for accused; and after hearing both sides and after perusing the material on record, having stood over for consideration till this day, the Court delivered the following:-
J U D G M E N T
1.The Inspector of Police, Samalkot P.S. filed charge sheet against the accused for the offences punishable Under Sections 417, 376(2)(n), 420 of
IPC in Crime No. 333/2023 of Samalkot Police Station.
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2.The case of the prosecution as revealed charge sheet is as follows:
L.W.1/Malakala Ramya is resident of PB Devam village,
Samarlakota Mandal. L.W.1/Malakala Ramya studied B.Tech(ECE) Koringa
KIET Engineering college in the year 2022 and currently working as a lecturer for Diploma students in the same college. L.W.1 along with Pepakayala Sri
Ranganadha Swamy(accused) together studied from 6th standard. They are best friends till 10th standard. L.W.1/Malakala Ramya joined Diploma ECE in
Aditya Engineering College, Surampalem village in the year 2015. The accused also joined Diploma EEE in the same college. In the month of
September 2015, the accused said that he is ‘loving L.W.1 and he will marry’.
L.W.1 did not agree to that. Then accused told that L.W.1 father and accused father are friends and he will convince them and used to talk with her often even though LW.1 did not want to talk. In the month of April 2016, accused brought books to L.W.1 house for Semester-1 exams and at that time no one is at her house and they both studied together. After some time accused gave a bottle of cool drink to L.W.1/Malakala Ramya and asked to drink it.
L.W.1/Malakala Ramya felt intoxicated and she don’t know what happened after that accused came to her house around 1.00 in the afternoon and stayed till 4.00 in the evening. L.W.1 woke up at 4.00 in the evening and saw accused lying on top of her, neither of both had any clots on. Then accused told to L.W.1 that he have done this due to LW.1 don’t get to accused and said will never do this again.
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After completion of Diploma both of them, L.W.1 got a job in campus interview in 2018 in FOXCON (RSIMPL) Pvt. Company in Chittoor, Sri City.
Then L.W.1 went to Chittoor and working there for 6 months. The accused used to come there and threatened her and taken her out. The accused used to take L.W.1 outside to his room by force and then L.W.1 told to accused that she did not come to the room and on that the accused told that he taken a video when he met her for the first time and she will not come, he would send it to every one.
When L.W.1’s parents came to know that accused was coming to
Chittoor to meet L.W.1, they took her from her job and brought her to the house. As it became known in her house, she elder father and her elder brothers called accused to L.W.1’s elder father’s house and asked about the matter and the accused told that he will marry L.W.1 and in before get a job and told that will not cheat her. In the year 2019 L.W.1/Malakala Ramya stayed at her house for 6 months, at that time accused used to come to her house when no one was present in her house and if she did not agree, he had a video and threatened her that he would post it on facebook and physically forced her. L.W.1 did not like his behaviour and got annoyed with him and decided not to talk to him so she stopped talking to him.
Later L.W.1/Malakala Ramya joined B.Tech (ECE) in Koringa KIET
Engineering College after persuading her family. The accused used to come to the college where she was studying and ask her to come out, then if she don’t come, he would show the video to every one in the college and take her -- 7 -- S.C. 3 /2025 VIII ADJ, Rjy out. Similarly, the accused would come to her house when no one was at home and forcefully follow her. After B.Tech, L.W.1 was looking for marriage relations in her house and she called accused about this matter and he told her that he has no intention towards her, he was going to perform marry with his aunt’s girl and told to forget and think this is a dream. When she went to accused house and told his parents about this, they scolded her with abusive language. With a view to die on 27.10.2023 in KIET College she swallowed 70 tablets of multivitamin and folic acid. Then she dropped her eyes back in college, then L.W.1’s friends made a phone call to her house and informed the matter and her parents came and admitted in the hospital and after recovery on 04.11.2023 she was discharged from GGH, Kakinada.
Basing on the report of L.W.1/Malakala Ramya, LW.21/ Sub Inspector of
Police, Samalkot PS registered a case in Cr.No. 333/2023 under Sec.417, 420
I.P.C of Samalkot PS and investigated into. During the course of investigation,
L.W.22 Inspector of Police, Samalkot PS took up further investigation and arrested accused on 23.11.2023 and later sent him to court for judicial remand. On the strength of statement of L.W.1, the section of law altered to 376(2)(n), 417 and 420 IPC from 417, 420 IPC. After completion of investigation, he filed charge sheet. Hence the charge.
3. The said case was taken into cognizance by the learned V Addl.
Judicial Magistrate of First Class, Kakinada for the offences under Sections
417, 376(2)(n) and 420 IPC against accused.
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4. After appearance of the accused, copies of the documents were furnished as required under Section 207 Cr.P.C., and since the offence under
Section 376(2)(n) of IPC., is exclusively triable by Sessions Court, the said case is committed to the Honorable District and Sessions Court, East
Godavari District at Rajamahendravaram and the same was made over to this
Court for trial.
5. After receipt of the case, this Court has issued summons to accused and on his appearance before this Court, he engaged Counsel and upon perusing the material on record and after having heard both sides, charges under Sections 376(2)(n), 417, 328, 354-C and 498-A of IPC against the accused were framed. The charges were read over and explained to the accused in Telugu for which he pleaded not guilty and claimed to be tried.
6. During the course of trial, the prosecution to prove its case against the accused, examined P.Ws.1 to P.W.12 and got marked Exs.P.1 to
Ex.P.8 . On behalf of defence, none were examined and documents were marked.
7. Having gone through both oral and documentary evidence on record, the accused was examined under Sec.313 Cr.P.C by putting the incriminating evidence against him in the evidence of prosecution witnesses, -- 9 -- S.C. 3 /2025 VIII ADJ, Rjy for which, he denied the same and reported no defence evidence.
8. Now, the point for determination is:
Whether the prosecution has proved the guilt of the accused
beyond all reasonable doubt or not?
9.The learned APP has argued that the prosecution has successfully established its case and guilty of accused beyond all reasonable doubt by virtue of conventional evidence of PW1/defacto complainant-cum-victim and by virtue of independent evidence of prosecution ie. evidence of P.Ws.2 to 7 and by virtue of evidence of
P.W.9 mediator and by virtue of evidence of investigating officers i.e.
PWs.11 and 12 and also by virtue of documentary evidence of prosecution. Further, he argued that the prosecution has successfully bring home the guilt of accused beyond all reasonable doubt basing on incriminating evidence appeared in evidence of prosecution witnesses and due to appearance of consistency in between evidence of prosecution witnesses and documentary evidence of prosecution. Further he argued that accused had committed offence and so accused is liable to be convicted for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC.
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10.The learned defence counsel has argued that the prosecution has miserably failed to establish its case and version against accused and also the prosecution has failed to prove the guilt of accused beyond all reasonable doubt on ground of non appearance of any incriminating evidence and incriminating material in the evidence of prosecution witnesses and in the documentary evidence of prosecution. Further, he argued that the entire evidence of prosecution is going on material contradictions, material omissions and material exaggerations and so that there is no consistency in between evidence of prosecution witnesses. Further, he argued that the prosecution has failed to prove the guilt of the accused on ground of lack of consistency in between evidence of prosecution witnesses and so that accused is entitled for acquittal from this case.
11.POINT -1:
Whether the prosecution has proved the motive and
intention of accused in commission of offence against PW.1 by
virtue of evidence of PW.1 and contents of Ex.P1 report of
PW.1 or not?
(a)Upon careful scrutiny of evidence of PW1 complainant cum victim appeared in her chief examination and also in her cross examination evidence and upon careful examination of recitals of
Ex.P1 report of PW1 and as well as earlier diction of PW1 which was -- 11 -- S.C. 3 /2025 VIII ADJ, Rjy deposed before the police in her Sec.161 statement, I have clearly found that, the testimony of PW1 has clearly connected with the recitals of
Ex.P1 report of PW1 and also with contents of Sec.161 Cr.P.C.
statement of PW1 with respect to proof that the motive and intention of accused in commission of offence against PW1 and also with regard to proof that in the year of 2015, while herself and accused were studying in diploma in Aditya Engineering College, by the time the accused was used to follow her and he stated to her that he likes her and love her and he is willing to marry her, but she used to refuse the proposal of accused stating that her family members will not accept and then for some period, the accused was kept quiet. Later, the accused used to follow her and he stated to her that he loves her and and he is willing to marry her and also he stated that their communities are one and the same and he will convince parents of both family.
The aforesaid material facts are clearly reflected in the conventional evidence of PW1 victim and also in the recitals of Ex.P1 report of PW1 and also in the contents of Sec.161 Cr.P.C. statement of PW.1.
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(b)Further I have clearly found that the testimony of PW1 victim has clearly coupled and connected with recitals of Ex.P1 report of PW1 and with the contents of Sec.161 Cr.P.C. statement of
PW1 with respect to proof that in the month of April 2016 when she was alone in her house and by the time the accused came to her house with cool drink and the accused offered cool drink to her and then she taken cool drink. After taking cool drink, she was in intoxication state for some period. After some time, she was came into conscious and by the time the accused was slept behind her without dress and also she was also undressed. Then she came to the conclusion that the accused had committed rape on her while she was in intoxication state. After incident immediately she asked to the accused about the incident, then the accused stated to her that he wants to get marry her and so that he committed rape on her.
The aforesaid material facts are clearly appeared in the conventional evidence of PW1 victim and in the recitals of Ex.P1 report of PW1 and also in the contents of earlier diction of PW1 which was deposed before the police in her Sec.161 Cr.P.C.
statement.
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(c)Further, I have clearly noted that, testimony of PW1 victim has clearly coupled and connected with recitals of Ex.P1 report of PW1 and also with recitals of earlier diction of PW1 which was deposed before the police in her Sec.161 Cr.P.C. statement with respect to proof that in the year of 2018 she went to the Sri City for doing job. The accused came to the Sri City and he used to made phone calls to her stating that he having her nude videos and photos, if she will not come with him and then he threatened her to disclose videos and photos to his friends and others. Due to fear in the hands of accused, she went to the room of accused in Sri City in two occasions and then the accused had forcibly participated in sexual intercourse with her by putting in fear of threat against her will and consent.
The above material aspects are clearly appearing in the conventional evidence of PW1 and as well as the aforesaid material facts are clearly reflected in the recitals of Ex.P1 report and as well as in the contents of Sec.161 Cr.P.C. statement of PW1.
(d) Further I have clearly found that the evidence of PW1 victim has clearly connected with recitals of Ex.P1 report of PW1 and also with recitals of Sec.161 Cr.P.C. statement of PW1 with respect -- 14 -- S.C. 3 /2025 VIII ADJ, Rjy to proof that later her parents came to know about visits of accused at Sri City and then immediately her parents taken her to their house. Later, she joined in B-Tech Degree in KIET College, during that period the accused was used to follow her and used to demand her to fulfill his sexual desires. Then, she refused the demands of accused and then the accused threatened her stating that he will disclose her nude photos and videos to the friends and as well as in social media and also with regard to proof that while she was working as lecturer in KIET College, then the accused was used to demand her to fulfill his sexual desires, but she did not accept and also she used to demand accused to get marry her, but the accused has openly refused to marry her. Again the accused stated to her that he is willing to marry the daughter of his maternal uncle.
The aforesaid material facts are clearly appeared in the conventional evidence of PW1 victim and in the contents of Ex.P1 report and Sec.161 Cr.P.C. statement of PW1.
(e) Further I have clearly found that the evidence of PW1 victim has clearly connected with recitals of Ex.P1 report of PW1 and also with recitals of Sec.161 Cr.P.C. statement of PW1 with respect to proof that on 27.10.2023 she vexed with her life and then she -- 15 -- S.C. 3 /2025 VIII ADJ, Rjy taken tablets and she consumed tablets in order to die. Later, she was admitted in the hospital. She was taken treatment for 11 days in the hospital. After she came to the house, she has informed about love affair between her and accused and also about physical relationship between her and accused to her parents. Then, herself and her parents and family members went to the police station and she gave written report to the police.
The aforesaid material facts are clearly appeared in the conventional evidence of PW1 victim and in the contents of Ex.P1 report and Sec.161 Cr.P.C. statement of PW1.
(f) As seen from the above material evidence of PW1 available in her evidence and as well as on scrutiny of recitals of
Ex.P1 report and earlier statement of PW1 which was deposed
before the police in her Sec.161 Cr.P.C. statement,
I have no hesitation to say that accused had willfully and intentionally made false promises with a view to defraud PW1 as dishonestly and also with a view to have physical intercourse as fraudulently with PW1 and also with a view to fulfill his sexual desires through PW1 and so that accused had forcibly participated in sexual intercourse with PW1 only under the guise of marriage and -- 16 -- S.C. 3 /2025 VIII ADJ, Rjy also with an intention of playing fraud and cheating against PW1 and also with intention to fulfill his sexual desires through PW1.
(g)Further, I have no hesitation to say that the prosecution has successfully established the motive and intention of accused in commission of offence of rape against PW1 intentionally and dishonestly by playing fraud and cheating against PW1 and also prosecution has successfully established the motive and intention of accused in saying believable words to PW1 and also participating in sexual intercourse with PW1 as dishonestly and fraudulently by inducing PW1 under guise of promise to marry her.
The aforesaid material facts are clearly reflected in the cogent evidence of PW1 and supporting material appearing in the recitals of
Ex.P1 report of PW1 and also in the earlier diction of PW1 which was deposed before the police in her Sec.161 Cr.P.C. statement and also on ground of appearance of incriminating evidence in evidence of
PW1 and also due to appearance of incriminating material in the contents of Ex.P1 report and in the recitals of Sec.161 Cr.P.C.
statement of PW1 and also due to appearance of consistency in between evidence of PW1, Ex.P1 report and Sec.161 Cr.P.C.
statement of PW1.
-- 17 -- S.C. 3 /2025 VIII ADJ, Rjy
(h)Therefore, I hold that the testimony of PW1 defacto complainant -cum victim and corroborating statement of PW1 i.e.
Ex.P1 report and the supporting statement of PW1 i.e. contents of
Sec.161 Cr.P.C. statement of PW1 are absolutely very reliable and relevant in proof of motive and intention of accused in commission of offence against PW1 and also its very reliable to prove the guilt of accused beyond all reasonable doubt.
(i) Thereby, it is very clear to note that the prosecution has successfully bring home the charges levelled against accused for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC basing on cogent and conventional evidence of PW1 and basing on incriminating material available in the testimony of PW1 and in the recitals of documentary evidence of prosecution.
(j)Therefore, it is very pertinent to note that the evidence of
PW1 and contents of Ex.P1 report and the earlier diction of PW1 which was deposed before the police in her Sec.161 Cr.P.C.
statement are absolutely having more trustworthy, praiseworthy and more evidentiary value in bring home the guilt of accused beyond all reasonable doubt for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC. So accordingly, point No.1 is answered in favour of prosecution against accused.
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12.POINT NO.2:
Whether the version of prosecution and the testimony of
PW1 victim, the contents of Ex.P1 report of PW1 are coupled
and connected with evidence of PWs.2 to 7, who are independent
witnesses of prosecution and also with recitals of
documentary evidence of prosecution or not?
(a)Upon careful scrutiny of evidence of PWs.2 to 7 and their earlier diction which was deposed before the police in their Sec.161
Cr.P.C. statement, I have clearly noted that, the testimony of PW1 defacto complainant-cum-victim and the contents of Ex.P1 report and the recitals of Sec.161 Cr.P.C. statement of PW1 are clearly connected with evidence of PWs.2 to 7 with respect to proof of motive and intention of accused in commission of offence against PW1 and also with regard to proof of the motive and intention of accused in playing fraud and cheating as dishonestly by making false promise stating that he loved her, he would marry her and also with respect to proof that accused had willfully and intentionally cohabited with PW1 with a view to fulfill his sexual desires and also accused had forcibly physical intercourse with PW1 by playing fraud and cheating against PW1 under the guise of promise to marry her and also with respect to proof that accused had willfully and intentionally refused to marry PW1 and also with respect to proof that accused had willfully and intentionally playing fraud and cheating against PW1 only with a view to deceive and -- 19 -- S.C. 3 /2025 VIII ADJ, Rjy defraud her.
(b)The above material aspects are clearly appeared in corroborating evidence of PWs.2 to 7 and in supporting statements of P.Ws.2 to 7 which were deposed before the police in their
Sec.161 Cr.P.C. statements for the purpose of strengthening and corroborating the testimony of PW1 victim and also for the purpose of strengthening the case of prosecution in proof of motive and intention of accused in commission of offence against PW.1 victim.
(c )Therefore, I have no hesitation to hold that the evidence of P.Ws.2 to 7 material witnesses and the documentary evidence of prosecution are absolutely very reliable and relevant in proof of guilt of accused beyond all reasonable doubt by reason that P.Ws.2 to 7 have clearly adduced very supporting and corroborating evidence with respect to proof of version of prosecution and also to corroborate the testimony of PW1 and also to corroborate documentary evidence of prosecution.
Therefore, the independent evidence of P.Ws.2 to 7 are absolutely very reliable to bring home the charges levelled against accused for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC. Thereby the evidence of P.Ws.2 to 7 and documentary evidence of prosecution are having more trustworthy, -- 20 -- S.C. 3 /2025 VIII ADJ, Rjy praiseworthy and more credibility in proof of guilt of accused beyond all reasonable doubt for the offences under Sections 376(2)
(n), 417, 328, 354(c), 354(A) IPC. So accordingly point No.2 is answered in favour of the prosecution and against accused.
13.POINT NO.3:
Whether the prosecution could establish its case and version
against accused by virtue of evidence of investigating
officers i.e. by evidence of P.Ws.11 and 12 and also by virtue of
evidence of mediator i.e. P.W.9 and documentary evidence
of prosecution or not?
(a)Upon careful consideration of evidence of Pws.11 and 12 investigating officers and also evidence of mediator i.e. P.W.9 and also Exs.P1 to P8 and other connected documentary evidence, I have clearly noted that the investigating officers have rightly conducted investigation after receipt of Ex.P1 report from P.W.1 and also the investigating officers have conducted very effective investigation without committing any loopholes and without committing any defective investigation with regard to registering of
FIR, examination of scene, preparation of scene observation report and mediator report and with regard to examination of the witnesses and with regard to examination of accused in the presence of mediators during his investigation and with regard to -- 21 -- S.C. 3 /2025 VIII ADJ, Rjy proof of contents of 161 Cr.P.C. Statement of material witnesses without committing any defect and also by making effective and proper investigation with regard to this case.
(b) Further I have clearly found that the evidence of P.Ws.11 and 12 investigating officers have clearly connected and coupled with the evidence of P.W.9 mediator and with recitals of documentary evidence of prosecution with regard to examination of scene of offence, preparation of scene observation report and mediator report in the presence of mediators and these material aspects are clearly appeared in the recitals of mediators report and scene observation report and as well as in the cogent evidence of
PW.9 mediator and Pws.11 and 12 investigating officers for the purpose of bring home the motive and intention of accused in commission of offence against PW1.
Therefore, I hold that the evidence of P.Ws.9, 11 and 12 and the contents of Exs.P1 to P3, P5 and P7 and other connected documentary evidence of prosecution are absolutely very reliable and relevant in proof of the guilt of accused beyond all reasonable doubt for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC. So accordingly point No.3 is answered in favour of prosecution and against accused.
-- 22 -- S.C. 3 /2025 VIII ADJ, Rjy
14.POINT NO.4:
Whether the accused is entitled for any benefit of doubt
beyond all reasonable doubt or not?
(a)Upon careful scrutiny of cross examination evidence of
P.Ws. 1 to 12 and documentary evidence of prosecution and upon careful examination of defence put-forth by accused by making suggestions to the prosecution witnesses, I have clearly noted that the defence has absolutely failed to trace out any material contradictions, material omissions, material exaggeration and material developments from the cross examination evidence of
P.Ws.1 to 7 and from the recitals of documentary evidence of prosecution , on ground of non-appearance of any material inconsistency in between evidence of prosecution witnesses and their earlier diction which were deposed before the police in their
Sec.161 Cr.P.C. statements.
(b)Further I have clearly found that, the appearance of normal contradictions and omissions and the formal exaggerations in the evidence of prosecution witnesses are very common by reason that the prosecution witnesses have appeared before the court to give evidence after lapse of so many years from the date of offence. Therefore, in those situation and circumstances, there is a possibility of appearance of formal contradictions , omissions and -- 23 -- S.C. 3 /2025 VIII ADJ, Rjy exaggerations are very common in the evidence of prosecution witnesses.
(c)Thereby I hold that there is no priority and importance and there is no trust-worthy to any normal contradictions, omissions and exaggerations if any in the evidence of prosecution witnesses, on ground of defective memory caused to the prosecution witnesses in giving evidence before the court due to lapse of so many years from the date of incident to the date of adducing evidence by the prosecution witnesses before the court.
(d)Therefore, I have no hesitation to say that the normal contradictions, omissions and formal exaggerations if any appeared in the evidence of prosecution witnesses with regard to fact in issue, those formal contradictions and omissions are not at all causing any effect and damage to the case of prosecution and also they are not at all giving any benefit to the accused beyond all reasonable doubt.
(e)Thereby, I hold that the accused is not entitled to get any benefit on taking advantage of normal contradictions and omissions if any appeared in the evidence of prosecution witnesses and documentary evidence of prosecution. Therefore the accused is not entitled to get any benefit against the version of the prosecution -- 24 -- S.C. 3 /2025 VIII ADJ, Rjy and case of prosecution and also accused is not entitled to acquittal from this case and accused is liable to be convicted for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC. So accordingly point No.4 is answered against accused.
15.There is a decision of Hon'ble Supreme Court reported in
2010(1) C.C.C. Page 121 in between Wahid Khan vs. State of
Madya Pradesh; wherein the supreme Court held that "Thus, in case of rape, testimony of prosecutrix stands at par with that of an injured witness. It is really not necessary to insist for corroboration if the evidence of the prosecutrix inspires confidence and appears to be credible".
The above observation of Hon'ble Supreme Court in its decision shall applicable to the present facts of the case on hand.
(ii) There is a decision of Hon'ble Supreme Court reported in
2021 S.A.R. online (SC) 721 in between Phool Singh vs. State
of Madya Pradesh; wherein the supreme Court held that “Conviction on sole testimony of prosecutrix – sustainability – prosecutrix has fully supported the case of prosecution. Has been consisting through out in her deposition. Submission that it may be a case of consent as no external or internal injuries were found on body of prosecutrix. Has no substance as no such question was asked to her in cross examination. No reason to doubt the -- 25 -- S.C. 3 /2025 VIII ADJ, Rjy credibility and trustworthiness of the prosecutrix. Conviction on her sole testimony without any corroboration , upheld.”
The above observation of Hon'ble Supreme Court in its decision shall applicable to the present facts of the case on hand.
16.In view of above discussion and analysis, I hold that the prosecution has successfully established the guilt of accused beyond all reasonable doubt for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC, as the ingredients of proviso of Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC are clearly fulfilled against the accused. Therefore accused is liable to be convicted for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC.
17.In the result, the accused is found guilty for the offences under Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC. So accordingly accused is convicted under Section 235 (2) of Cr.P.C., for the charges under Sections 376(2)(n), 417, 328, 354(c), 354(A)
IPC.
Dictated to the Stenographer, transcribed by her corrected and
pronounced by me in the open court, dated this the 25 th day of March,
2026.
Sd/Sri.Y. Bennayya Naidu, VIII Addl. District and Sessions Judge cum Spl. Court for trial of offences of against Women, E.G. District, Rajamahendravaram.
-- 26 -- S.C. 3 /2025 VIII ADJ, Rjy
18.When the accused being questioned regarding quantum of sentence, for which accused stated that, he is only bread winner of his family and he has to look after his family, and his family is living basing on his earnings and also he is seeking mercy in imposing sentence.
19.On considering the facts and circumstances of the case, I found that the accused does not deserve for any mercy and sympathy on the ground that accused is committed very severe and grave offence against
PW1 victim, thereby I am not inclined to show any mercy in imposing sentence against accused. Further it is not a fit case to release accused by invoking the provisions of Probation of Offenders Act.
20.In the result, the accused is found guilty for the offences under
Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC.
i) So accordingly the accused is sentenced to undergo with rigorous imprisonment for a period of 10 years (TEN YEARS)and also he shall pay a fine of Rs.5,000/- (Rupees five thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of TWO
YEARS for the offence under Section 376(2)(n) of Indian Penal Code.
(ii) Further the accused is sentenced to undergo with simple imprisonment for a period of 1 year (ONE YEAR) for the offence under section 417 of Indian Penal Code.
-- 27 -- S.C. 3 /2025 VIII ADJ, Rjy
(iii)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 5 years (FIVE YEARS)and also he shall pay a fine of Rs.5,000/- (Rupees five thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of ONE
YEAR for the offence under Section 328 of Indian Penal Code.
(iv)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 1 year (ONE YEAR)and also he shall pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of
THREE MONTHS for the offence under Section 354(C) of Indian Penal
Code.
(v)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 1 year (ONE YEAR)and also he shall pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of
THREE MONTHS for the offence under Section 354(A) of Indian Penal
Code.
The above sentences shall run concurrently.
(vi) The bail bonds of accused and surety bonds of surety persons shall remain in force for a period of six months and shall stands cancelled after expiry of six months period under Sec.437(A)
Cr.P.C.
-- 28 -- S.C. 3 /2025 VIII ADJ, Rjy
(vii) The remand period of accused i.e. from 23.11.2023 to 23.12.2023 shall be given set off under Sec.428 Cr.P.C.
(viii) The unmarked property if any, shall be destroyed after expiry of appeal time. The committal court is hereby directed to take steps for disposal of unmarked property if any, in accordance with law after appeal time is over.
(ix) The accused is informed that he can prefer an appeal against the judgment before the Hon’ble High Court of Andhra
Pradesh at Amaravathi and he can approach the Legal Services
Authority of the Hon’ble High Court or the District Legal Services
Authority, Rajamahendravaram for Legal Aid, if necessary.
(x) Further on considering the evidence of PW1 victim and the case of prosecution, I have clearly found that the victim is in vulnerable situation due to fraud played by accused against PW1 victim and also due to sustaining of more loss and damage by PW1 in body, mind and reputation due to acts of accused against the victim.
Therefore, I found that in view of the above facts and circumstances of the case, it is very fit case to grant compensation to PW.1 victim under the provisions of Sec.357 Cr.P.C. and under the provisions of Victim Compensation Act by reason that the victim
PW1 is very desirable to get compensation.
-- 29 -- S.C. 3 /2025 VIII ADJ, Rjy
So accordingly the matter is referred and recommended to
District Legal Services Authority, Rajamahendravaram for the purpose of determination of suitable compensation to PW1 victim and also to pay the suitable compensation to PW1 victim under the provisions of Victim Compensation Act and as well as under Sec.357
Cr.P.C.
(xi) Further PW1 victim is hereby directed to appear before
District Legal Services Authority, Rajamahendravaram and also submit requisition for the purpose of determination of suitable compensation.
(xii) The office is hereby directed to send the copy of judgmenttotheDistrictLegalServicesAuthority,
Rajamahendravaram immediately without any delay.
Pronounced by me in open court on this 25th day of March, 2026.
Sd/Sri.Y. Bennayya Naidu, VIII Addl. District and Sessions Judge cum Spl. Court for trial of offences of against Women, E.G. District, Rajamahendravaram.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution: For defence:
PW.1 : M. Ramya NONE PW.2 : M. Chakra Rao PW.3 : P. Rambabu PW.4 : M. Vasantha Rao PW.5 : M. Ramesh. PW.6 : G. Anuradha P.W.7 : A. Jeeva Jyothi.
-- 30 -- S.C. 3 /2025 VIII ADJ, Rjy
P.W.8: K. Kanakendra, the then VRO at Pedda Brahmadevam village. P.W.9 : Y. Bharath, the then VRO at Samalkota. PW10: Dr. V. Sravanthi, Asst. Professor in Gynecology Department, Rangaraya Medical College, Kakinada. PW11: Sri. P.V.R. Murthy, S.I. of Police, Samarlakota P.S. PW12: Sri. D. Suresh, the then Inspector of Police, Samalkota PS.
DOCUMENTS MARKED
For Prosecution: For defence:
Ex.P1: Written report of PW.1 dt.18.11.2023 NIL Ex.P2 : Scene observation report dt.19.11.2023 Ex.P3: Mediator report dt.23.11.2023 Ex.P4: Medical report of PW1 dt.29.11.2023 Ex.P5: Original FIR in Cr.No.333/2023 dt.18.11.2023 Ex.P6: Rough sketches (2 in number) Ex.P7: Altered memo dt.23.11.2023 Ex.P8: Potency test certificate of accused dt.29.11.2023
MATERIAL OBJECTS MARKED
Nil
Sd/Sri.Y. Bennayya Naidu, VIII Addl. District and Sessions Judge cum Spl.
Judge for trial of offences of against Women,
E.G. District, Rajamahendravaram.
Copies to:
1. The Hon’ble Registrar (Judl.), High Court of Judicature at Amaravathi.
2. The Director of Prosecution, Durgapuram, Beside Sarada college, Vijayawada.
3. The Hon’ble Prl.District Judge, East Godavari, Rajamahendravaram.
4. The District Collector, E.G. District, Kakinada .
5. The Superintendent of Police, Kakinada.
6. The V Addl. Judicial Magistrate of First Class, Kakinada.
//t.c.f.b.o// -- 31 -- S.C. 3 /2025 VIII ADJ, Rjy
APEG010001682025
IN THE COURT OF VIII ADDL. DISTRICT & SESSIONS JUDGE CUM SPL.
JUDGE FOR TRIAL OF OFFENCES AGAINST WOMEN :: EAST GODAVARI
DISTRICT: RAJAMAHENDRAVARAM Present: Sri Y. Bennayya Naidu, VIII Addl. District and Sessions Judge cum Spl. Judge for Trial of Offences against Women, Rajamahendravaram.
Wednesday, the 25th day of March, 2026
SESSIONS CASE NO. 3 /2025
ComplainantState: Inspector of Police, Samalkot P.S (PRC.No. 22/2024 in Cr.No.333/2023 of Samalkot PS. Name and description of accused Pepakayala Sri Ranganadha Swamy, S/o. Suribabu, aged 25 years, Moolaveedhi, D.No.6-74/1, P.B. Devam village, Samalkot Mandal. Nature of ChargeUnder sections 376(2)(n), 417, 328, 354- C, 354-A of IPC Plea of accusedPleaded not guilty Finding of the JudgeFound Guilty. Date of offence--
Date of complaint18.11.2023
Date of arrest23.11.2023
Date of commencement of trial21.04.2025
Date of closure of trial01.09.2025
Date of sentence or order25.03.226
Sentence/Order:
In the result, the accused is found guilty for the offences under
Sections 376(2)(n), 417, 328, 354(c), 354(A) IPC.
-- 32 -- S.C. 3 /2025 VIII ADJ, Rjy
i) So accordingly the accused is sentenced to undergo with rigorous imprisonment for a period of 10 years (TEN YEARS)and also he shall pay a fine of Rs.5,000/- (Rupees five thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of TWO
YEARS for the offence under Section 376(2)(n) of Indian Penal Code.
(ii) Further the accused is sentenced to undergo with simple imprisonment for a period of 1 year (ONE YEAR) for the offence under section 417 of Indian Penal Code.
(iii)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 5 years (FIVE YEARS)and also he shall pay a fine of Rs.5,000/- (Rupees five thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of ONE
YEAR for the offence under Section 328 of Indian Penal Code.
(iv)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 1 year (ONE YEAR)and also he shall pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of
THREE MONTHS for the offence under Section 354(C) of Indian Penal
Code.
(v)Further, the accused is sentenced to undergo with rigorous imprisonment for a period of 1 year (ONE YEAR)and also he -- 33 -- S.C. 3 /2025 VIII ADJ, Rjy shall pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, shall undergo simple imprisonment for a period of
THREE MONTHS for the offence under Section 354(A) of Indian Penal
Code.
The above sentences shall run concurrently.
(vi) The bail bonds of accused and surety bonds of surety persons shall remain in force for a period of six months and shall stands cancelled after expiry of six months period under Sec.437(A)
Cr.P.C.
(vii) The remand period of accused i.e. from 23.11.2023 to 23.12.2023 shall be given set off under Sec.428 Cr.P.C.
(viii) The unmarked property if any, shall be destroyed after expiry of appeal time. The committal court is hereby directed to take steps for disposal of unmarked property if any, in accordance with law after appeal time is over.
(ix) The accused is informed that he can prefer an appeal against the judgment before the Hon’ble High Court of Andhra
Pradesh at Amaravathi and he can approach the Legal Services
Authority of the Hon’ble High Court or the District Legal Services
Authority, Rajamahendravaram for Legal Aid, if necessary.
(x) Further on considering the evidence of PW1 victim and the case of prosecution, I have clearly found that the victim is in vulnerable situation due to fraud played by accused against PW1 victim and also due to sustaining of more loss and damage by PW1 in body, mind and reputation due to acts of accused against the -- 34 -- S.C. 3 /2025 VIII ADJ, Rjy victim.
Therefore, I found that in view of the above facts and circumstances of the case, it is very fit case to grant compensation to PW.1 victim under the provisions of Sec.357 Cr.P.C. and under the provisions of Victim Compensation Act by reason that the victim
PW1 is very desirable to get compensation.
So accordingly the matter is referred and recommended to
District Legal Services Authority, Rajamahendravaram for the purpose of determination of suitable compensation to PW1 victim and also to pay the suitable compensation to PW1 victim under the provisions of Victim Compensation Act and as well as under Sec.357
Cr.P.C.
(xi) Further PW1 victim is hereby directed to appear before
District Legal Services Authority, Rajamahendravaram and also submit requisition for the purpose of determination of suitable compensation.
(xii) The office is hereby directed to send the copy of judgmenttotheDistrictLegalServicesAuthority, Rajamahendravaram immediately without any delay.
Explanation for delay:
The accused is appeared before this court on 27.02.2025. Trial commenced on 21.04.2025 and closed on 01.09.2025. After hearing arguments on both sides, Judgment is pronounced on 25.03.2026. Hence, there is no unavoidable delay.
Sd/Sri.Y. Bennayya Naidu, VIII Addl. District and Sessions Judge cum Spl.
Judge for trial of offences of against Women,
E.G. District, Rajamahendravaram.
//T.C.F.B.O.//
-- 35 -- S.C. 3 /2025 VIII ADJ, Rjy