PUBLIC PROSECUTOR ANDHRA Vs. MOHINI SANKARA DAS OF GUDIVADA
LAWS(APH)-1955-12-18
HIGH COURT OF ANDHRA PRADESH
Decided on December 16,1955

PUBLIC PROSECUTOR, ANDHRA Appellant
VERSUS
MOHINI SANKARA DAS OF GUDIVADA Respondents


Referred Judgements :-

REX V. ATWOOD [REFERRED TO]
MEUNIER [REFERRED TO]
KING V. BASKERVILLE [REFERRED TO]
RAMESHWAR S O KALYAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]


JUDGEMENT

- (1.)This appeal has been filed by the State of Andhra against the acquittal of one Sankara Das of Gudivada in Sessions Case No. 51 of 1954. The respondent was charged with committing rape on a girl called Bangaramma five years of age. The prosecution case is this : Bangaramma is the daughter of Samudrala Kameswaramma, who was a cook. The girl was living with her mother and her grandmother who was also working as a cook, in a portion of the house of one Ghantasala Krishnamurthy. The accused is a sweetmeat seller residing in the same locality. On the day in question, i.e., 4th October, 1954, Bangaramma was playing along with her younger brother in the compound of the temple of Sri Venugopalaswami within a few yards of her house. The respondent went there and promising sweetmeats to the girl, took her into his house where he committed rape on her. This was between 2 and 2-30 P.M. After this the girl went home but she did not tell either her mother or grandmother who had by then returned home. A little later in the evening at about 3 P.M. the grandmother (P.W. 3) was washing the girl's anus. The girl (P.W. 1) then complained of pain in her private parts. The grandmother (P.W. 3) saw the parts and found them red and swollen. On being asked the cause for that, the girl told her that Sankaradas took her into his house and ravished her. P.W. 3 brought it to the notice of her mother (P.W. 2).
(2.)The girl told her mother also of what had happened. P.Ws. 2 and 3 told one Subbamma, a neighbour of theirs living in another house in the same compound of the commission of the offence by the respondent. Nothing further was done by them that evening as they had to attend to their work. When they returned home in the night, they found that the girl had temperature and her private parts were swollen. They gave her fomentation with hot water and sand. The next day P.W.1 was taken to one doctor by name Visweswara Rao (P.W. 7) who washed her private parts and gave her injections. He also advised them to complain to the police but they were hesitating to do so because " it was a shameful act". But after thinking over the matter and on the advice of some friends they decided to make a complaint to the police. For this purpose the girl was taken to the Police Station and Exhibit P-1 was recorded by the Sub-Inspector of Police. For proper appreciation of the case, it is necessary to set out in extenso Exhibit P-1 :-
"I reside in the house near Gopalaswami temple at Gudivada. My mother's name is Kameswaramma. Four days back, after taking my meals, and while coming to my house after playing for some time on the planks in the temple, one Sankaradas, a seller in ' Kazas ' and ' Mysore-paks,' called me by signs with hands. I refused to come. He took me along with my brother, by telling me that he would give me ' Mysorepak ' in his house. He gave my brother Mysore-pak' and made him sit. Then none was present in his house. He made me lie on the floor with my face upwards. He lifted my gown. He removed his loin cloth. I have no underwear. He fell upon me. He raped me. He put his organ in my vagina and rubbed. When I cried, on account of pain, he shut my mouth. He gave me ' Kaja.' After some time, he left me. I came with my brother. When I came to my house, my mother is there. I did not tell my mother of this incident. On that evening when my grandmother was cleaning my anus, I disclosed pain. Then my grandmother came in front of me and saw my front portion. When questioned as to why there is redness in my private parts, I replied that "what Sankaradas did." During that night I felt burning sensation. The next day my mother took me to the doctor. The doctor gave me medicine. He also gave me an injection. The doctor used to clean, give injections and give medicine."

(3.)The Police sent the victim to P.W. 5, woman Assistant Surgeon at Gudivada for examination. The Doctor found the following injuries :-
"Multiple irregular abrasive marks on the outer aspect of both labia majora and over the inner aspect of both the thighs close to the genital parts. A few small circumscribed superficial ulcers on both labia majora on outer aspect. The inner part of both labia majora and labia minora are lacerated, inflamed and red, very tender to touch."
She also found that the hymen was red, inflamed and was not lacerated and that hymen and clitoris were very tender to touch and clitoris also red and inflamed. The fourchette and posterial commisure were not injured, and there was slight discharge of bloodstained serum from the vagina. In the opinion of the Doctor the above injuries were 4 days old and were caused by a person committing rape on the child. The accused was sent for examination to P.W.6 the same day but neither seminal stains on clothes or body nor extraordinary injuries on any part of the body were found.
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