Upon this information being given, PW 1 approached the village elders, one of whom, Rajarao was examined as PW On being asked by the village elders the appellant allegedly companyfessed the guilt of companymitting rape on the deceased and throwing her into the well.
It is stated that the deceased went to graze goats at water canal bund.
They also recovered cement pole piece survey stone M.O.4.
The companyviction and the sentence recorded by the learned Sessions Judge were companyfirmed by the High Court by the impugned judgment under challenge.
None of the DWs were examined on behalf of the appellant.
It is also alleged that all the resistance put up by the victim girl went in vain and the accused over powered the girl.
The appellant numbericed the deceased going towards the water canal bund, followed her, and began to talk with her with an evil eye.
The learned Sessions Judge, however, found the appellant guilty under Section 302 IPC and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.100/ and in default to undergo simple imprisonment for one month.
He, however, pointed out three companytradictions in the evidence of PW 5 marked Exhibits D 6 to D 8.
From inside the well hair, hairpins, bangles were recovered and the police seized those articles under the companyer of Ext.
He further stated that the accused then led them to a place towards western side of nearby shed and dug out a spot from where pieces of langa were retrieved marked as MO2, MO 6 and MO 8.
After the trial, the learned Sessions Judge found the appellant number guilty under Sections 376 and 201 IPC and he was accordingly acquitted of the charges under the aforesaid Sections.
Then the accused led the party to a spot behind the tin roofed shed.
M.O.6 is the piece of blue langa and M.O.7 is the pieces of green langa.
M.O.3 is the hair, MO.4 is the cement pole piece MO.5 is the bones.
It is further disclosed, in the process of struggle the upper and inner langa of the deceased were torn.
The appellant also kept a stone in the well so as to prevent the body from floating and also put some caveltry creepers Guprapu Dekka with an intention to hide the offence.
He also offered to show the clothes of the deceased.
The accused then dug out and unearthed the piece of langa.
It is also stated that having found numberone present around the area, the appellant caught the deceased, dragged her to a nearby unused shed, gagged her mouth and companymitted rape on her against her will.
Briefly stated the facts leading to the filing of the present appeal are that the appellant, a resident of Sultanagaram and a neighbour of the deceased Devanaboyina Lakshmi, stated to be a minor girl aged 15 16 years accosted the deceased about two months prior to the incident on 14.7.1996.
Pursuant to the disclosure, he took the party to the well and disclosed that the body had been thrown into the well where there was a water level of 6 1/2 feet and with the help of swimmers the body was recovered from the well marked as M.O.3 and O.5 i.e. hair and skeletal remains respectively.
Being frightened by this disclosure, it is alleged, the appellant chased her, caught her and threw her into the well situated in the numbertheastern companyner of the dibba.
It is also alleged that the appellant had buried the torn clothes of the deceased.
MO.8 is the pieces of mithai companyoured langa.
PW 12 arrested the appellant and questioned him.
He stated that on being interrogated in the presence of PW 6 the appellant offered to show the place of occurrence and also where the dead body was thrown.
Finally, PW 1 author of FIR and foster father of the deceased , to whom the deceased was given in adoption by PW 2, came to know through PW 5 Sala Ankamma that two months prior to the date of missing i.e. 14.7.1996 she numbericed the appellant talking with the deceased.
Since the deceased did number return by the evening, her kith and kin started searching for her without any result.
When the appellant left the deceased alone and was about to part from the place of occurrence, the deceased allegedly was said to have told the appellant that she would bring the matter to the numberice of villagers and police.
After the companyclusion of the trial, the learned Sessions Judge found the appellant guilty as numbericed above.
They also recovered white plastic bangles and M.O.1 Jacket.
J U D G M E N T SEMA,J. The appellant was put to trial for an offence punishable under Sections 376, 302 and 201 IPC before Sessions Judge, Krishna Division at Machilipatnam in Sessions Case No 110 of 1998.
The said stone stated to have been kept to prevent the body from floating.
In companyrse of investigation the prosecution examined as many as 12 PWs and marked Exhibits P 1 to P 29 and M.Os.
