MAHANKALI SYAM Vs. STATE OF A.P

JUDGEMENT

(1.) Accused in Sessions Case No.08 of 2015 on the file of the learned Special Judge Constituted under Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada [for short, "the trial Court"], is the appellant herein. He was tried for the offences punishable under Sec. 366, 342, 376(2) r/w Sec. 376(2)(n) of the Indian Penal Code, 1860 [for short, "I.P.C."] and Sec. 6 r/w 5(1) of the Protection of Children from Sexual Offences Act, 2012 [for short, "POCSO Act"].

(2.) Vide Judgment, dtd. 1/7/2015, the learned Sessions Judge convicted the Accused under Sec. 235(2) of Cr.P.C. Accordingly, he was sentenced to suffer Rigorous Imprisonment for three (3) years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand only), in default, to suffer Simple Imprisonment for six months for the offence under Sec. 366 I.P.C. Further, he was sentenced to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs.20,000.00 (Rupees twenty thousand only), in default, to suffer Simple Imprisonment for six months for the offence punishable under Sec. 376(2) r/w Sec. 376(2)(n) I.P.C., alternatively Sec. 6 r/w 5(1) of POCSO Act. Both the sentences were directed to run concurrently. The fine amount of Rs.30,000.00 was directed to be paid to the victim girl towards compensation. However, the accused was found not guilty of the offence punishable under Sec. 342 of I.P.C. Accordingly, he was acquitted.

(3.) For the sake of convenience, the parties will be referred to as arrayed before the trial Court.