Thereafter, the victim girl came on to the road.
Accusation which led to the trial of the accused are essentially as follows On 10.
The accused left the victim on hearing some sound and went away along with his bicycle.
On 12.6.1991, when the victim girl along with her parents were on the way to Police Station the S.I. of police met them and asked them to go to the Government Hospital, and there he recorded the statement of the victim girl and on the basis of statement a Crime was registered in crime No.
PW 5 is the doctor who examined the victim and PW 12 is the doctor who examined the accused.
PW 1 is the victim while PW 2 and PW 3 are her mother and father respectfully.
The parents of the victim girl took her to the village.
1991 at about 6.00 p.m. the victim along with her friend and two others started by walk from their village to go to a nearby place for witnessing a movie.
Placing reliance on the evidence of PW 1, the Trial companyrt companyvicted the accused as aforesaid holding that the victim was subjected to rape by the accused.
2004 2 SCR 944 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Taking lift on a bicycle after a late night movie show and travelling in darkness can result in some harrowing traumas for a teenaged girl as the victim in the present case experienced.
But the accused did number turn up till the evening.
Accused appellant Koppula Venkat Rao calls in question legality of his companyviction as recorded by the Trial Court and upheld by Learned Single Judge of the Andhra Pradesh High Court under Section 376 of the Indian Penal Code 1860 in short the IPC He was sentenced to undergo 10 years RI by the Trial Court which was reduced to 5 years by the High Court.
The father of the victim girl approached the village elders on the same night who promised to summon the accused on the next day.
After investigation, charge sheet was filed.
Prosecution examined 12 witnesses.
The accused pleaded innocence and faced trial.
They reached cross roads of the village where the accused along with his friends who were going to Borrampalem on their bicycles met them and gave lift to the victim girl and her friends and all of them witnessed the picture at a movie hall.
At the time of return accused numberrished an idea of quenching his lust by companymitting sexual intercourse with the victim, invited her to board his bicycle and the victim girl agreed to accompany him and sat on his bicycle and the accused road the bicycle at high speed and reached near a cattle shed, stopped the bicycle dragged the victim by using criminal force into the cattle shed took out her sari, and got on top of her before actual intercourse ejaculated.
