B. Anki Reddy vs State of A.P.

Radhakrishna Rao, J.—B. Anki Reddy, the accused is an unmarried person aged about 22 years in the year 1986. Bommireddy Hanumayamma, wife of Sydareddy, is the prosecutrix and is aged about 30 years, also she has got two children and she underwent tubectomy operation by the date of the commission of the offence.

The prosecutrix who is examined as PW 1 is an uneducated lady and she was attending to agricultural work also. PW 1 and the accused belong to Jalakallu village, Piduguralla Taluk in Guntur District. The accused was tried for the offence u/s 376 IPC and sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 100/- in default to suffer rigorous imprisonment for one month by the Prl. Asst. Sessions Judge, Narasaraopet, in S. C. No. 227/85. On appeal, the learned Sessions Judge, Guntur, in Crl. Appeal No. 24/86 confirmed the conviction and the sentence passed by the Prl. Asst. Sessions Judge, by his judgment dated 21-7-1986. Against that conviction and the sentence, the accused preferred the presemrevision.

The case of the prosecution is that on 18-5-1985 at about 6 P.M. while the prosecutrix was pulling hay from the hayrick yard situated in the outskirts of the village, the accused went from behind her, embraced her and pulled her down and when she fell down, in spite of her requesting him not to assault her and shouting for help, the accused lifted her legs and then had sexual intercourse with her against her consent and left after satisfying himself. Later she got up and came slowly to her house suffering with pain and told Narasamma (PW 2), her sister-in-law. Thereafter, PW 1 was taken to Karampudi Police Station in a tractor where she gave the report Ex. PL PW 7 the doctor who examined PW 1 on 19-5-1985, found 3 cm. x 1 cm. tear of posterior vaginal fornix present, bleeding profusely on swabbing and gait painful. After receipt of Ex. P-8 report, semen and spermatozoa are detected on item No. 3. In view of the injury mentioned by PW 7 in the wound certificate Ex. P. 9. She came to the conclusion that the intercourse must have taken place within 16 hours prior to her examination. PW 7 further opined that the tear of posterior vaginal found, could be caused by forcible penetration and because of that tear injury, there was profuse bleeding and the gait was painful. PW 7 also found blood-stains on the saree worn by PW 1 and she further opined that on account of the nature of the injury found by her, it must have been caused about 16 hours prior to her examination. PW 7 ruled out the possibility of causing the injury mentioned in Ex. P 9 by self-infliction or on account of irritation. She also ruled out the possibility of profuse bleeding on account of failure of tubectomy and she further stated that the presence of semen and spermatozoa indicates prior intercourse. She further stated that she obtained the oral consent of PW 1 for examination of her private parts and she further clarified that on account of the injury on the vaginal fornix, there was profuse bleeding and for every intercourse, there will not be bleeding. She also stated that no other injury was found.

Sri Padmanabha Reddy, learned Counsel for the revision petitioner contended that PW 1 is a grown-up lady and the single-handed rape alleged to have been committed by the accused, cannot be accepted in the absence of any injuries. In support of his contention, he relied upon Pratap Misra and Others Vs. State of Orissa, . In that case, it was observed as follows:

The opinions of medical experts also show that it is very difficult for any person to rape single-handed a grown up and an experienced woman without meeting stiffest possible resistance from her.

In that case, the evidence given by the prosecutrix and the absence of injuries and not finding any injury over the penis or scrotum of the accused and not finding any external injuries on the prosecutrix made the court to feel that there is possibility of consent and arrived at the conclusion that the accused has not committed the offence of rape. We cannot compare the evidence of victim of a rustic in a village with that of a victim of a metropolitans, Now we are concerned with a rustic who was accustomed to do agricultural work. We cannot expect her to narrate the '' details of the events in the manner in which an educated lady can explain. The evidence of PW 1 is to the effect that while she was pulling the hay from the hay rick, the accused came from her behind and then pulled her down and had intercourse with her. At certain times, women may react violently and at certain times, they may not react, depending upon the situation and the circumstances. Here, it is a case where a married woman aged about 30 years, was over-powered by a young boy aged about 22 years. It is a case that in order to satisfy his greedy lust, he fell her down and had intercourse with her. The semen and spermatozoa found on item No. 3 and the analysis made by the medical expert who found tear and pain on the gait, indicate that PW 1 is not a consenting party to the alleged intercourse. If really PW 1 is a consenting party, then definitely the tear could not have been there. The presence of tear is a sure indication to arrive at the conclusion that the person who had intercourse with her, had the intercourse against her will There is no reason for PW 1 to falsely implicate the accused as the one that was responsible for committing the offence of rape. No lady would venture to implicate falsely in a case of rape at the instance of political factions or at the instance of somebody. The evidence of PW1 reveals that she fell down on the hay and the possibility of her receiving injuries can be ruled out. As PW 1 was not accustomed to have an under-skirt, it might have been an easier job for the accused to have penetration of his penis into her private parts. PW 2 corroborated the version about her being informed soon after the incident. PW 7 the, doctor who examined her, corroborated her evidence on all material particulars which suggest that rape has been committed on her. The plea that a person cannot commit single-handed rape on, a grown-up lady, cannot be accepted. Here, the accused is an unmarried person aged about 22 years and it is not difficult for him to over-power a married lady who gave birth to two children and is aged about 30 years. In cases where we have to find out whether rape has been committed or not, naturally, we have to depend upon the medical evidence and the surrounding circumstances. The evidence of PW 2 who received information immediately after the incident and the evidence of the doctor who has examined and found injuries on PW 1, lends more corroboration to the version about the commission of the offence of rape on PW 1.

Sri Padmanabha Reddy contended that the presence of semen might be an indication that PW 1 might have intercourse with her husband and the tear or pain on the gait might have been due to the intercourse by her husband against her consent. I am unable to agree with this contention. There is no particular reason for her to have intercourse with her husband against her consent and foist a\\ case against the accused. The suggestion that has been given to P.Ws. 1 to4 has no force and the evidence of PWs 3 to 5 also support the surrounding circumstances at or about the time of the commission of the offence.

The Asst. Session Judge who has got an opportunity to observe the demeanour of the accused, found in clear terms that the accused is the person that has committed the offence of rape. The learned Sessions Judge also agreed with his findings. The allegation that bangles are not broken and there is no struggle also has no force. The bangles that are worn by agricultural labourer are strong than the bangles that are worn by the sophisticated women folk. The possibility of her receiving injuries when she fell down has to be ruled out, because, she fell on a trampled hay.

Taking into consideration the evidence of PW 1 and the surrounding circumstances and the corroboration sought from the medical evidence, I find that the prosecution has made out a case that the accused has committed the offence of rape punishable u/s 376 IPC.

In the result, the revision is dismissed. The conviction is confirmed and the sentence of seven years has been reduced to five years in view of the fact that he is young man aged about 22 years.