LAWS(APH)-2020-5-64

PATAN MOHAMMAD RAFI Vs. STATE OF ANDHRA PRADESH

Decided On May 29, 2020
Patan Mohammad Rafi Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) R.T. No.2 of 2020 arises out of a letter written by the I Additional District & Sessions Judge, Chittoor, in POCSO S.C. No.60 of 2019 seeking confirmation of death sentence awarded against the accused therein.

(2.) Criminal Appeal No.305 of 2020 is filed by the accused challenging his conviction under Section 5(j)(iv) read with Section 6 of POCSO Act and sentence of death; conviction under Section 5(m) read with Section 6 of POCSO Act and sentence of imprisonment for a term which shall not be less than 20 years and to pay fine of Rs. 1,000/-in default, R.I. for 3 months; conviction under Section 302 I.P.C. and the sentence of imprisonment for life and to pay fine of Rs. 1,000/- in default, R.I. for 3 months; conviction under Section 201 I.P.C. and sentence of 5 years rigorous imprisonment and to pay fine of Rs. 1,000/- in default R.I. for 3 months; and conviction under Sections 376A and 376 AB I.P.C. (no separate sentence is awarded). All the substantive sentences were directed to run concurrently.

(3.) The substance of the charge against the accused is that on 7.11.2019 at 9.50 PM at KNR Convention Centre, situated in Chenetha Nagar, Hamlet of Anagallu of Kurabalakota Mandal, the accused committed rape on a minor girl by name, Eddasiri Varshitha, aged 5 years and during the course of the same, caused her death. It is said that in order to cause disappearance of the dead body and with an intention to screen himself from legal punishment, threw the dead body outside the convention centre and also got his hair tonsured.