- (1.) The question for consideration is whether the High Court was right in setting aside the acquittal of the appellant for the murder of Lalitha and whether she was raped before her murder. In our opinion, there is sufficient evidence to hold the appellant guilty of committing the murder of Lalitha, but no cogent or admissible evidence of her having been raped. The facts:
(2.) On 4th December, 1998 PW-1 Srimannarayana and his wife had gone to village Jangareddygudem at about 6.00 a.m. for the purpose of fixing a matrimonial alliance for their daughter, Lalitha. Later that day, at about 7/7.30 a.m. PW-2 Subrahmanyam son of Srimannarayana and brother of Lalitha opened their kirana shop. He then instructed the appellant who had been working with the family for the last about 10 years to get some tiffin from a hotel, deliver it to him and then deliver to his sister, Lalitha, who was at their residence.
(3.) According to Subrahmanyam, the appellant did not turn up for some time and at about 8.15 a.m. his uncle, PW-3 Lakshmi Narayana came to the kirana shop and informed him that his sister, Lalitha, was lying badly injured at their residence. Both of them then rushed to the residence where they picked up Lalitha and took her to a local doctor PW-8 Kasi Viswanadham who administered first-aid. However, considering Lalitha s serious condition, she was advised to be shifted to Rajamundry. Transport was arranged to take her to Rajamundry but she died en route. Her body was then brought back and kept in the front courtyard of the house.;