KONDELU KRUPA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is preferred by the appellant/sole accused in POCSO Sessions Case No.127 of 2015 on the file of the Special Sessions Judge for the trial of the cases under the POCSO Act, 2012 - cum - I Additional Sessions Judge, East Godavari at Rajahmundry (hereinafter referred to, as 'the Special Judge').

(2.) Case of the prosecution, in brief, is that the accused is resident of Ramisettipeta, Uppada village, U.Kothapalli mandal and was eking out his livelihood by catching and selling fish. P.W.2, who is victim No.1, is daughter of P.W.1. P.W.3, who is victim No.2, is daughter of P.W.4. Victims were studying 1st class in M.P.P. Elementary School, Suryaraopeta. The accused married one Jyothi about 13 years prior to the incident, and after giving birth to a son by name John, the said Jyothi died consuming poison. Thereafter, the accused married one Malleswari and they begot two children.

(3.) The case was taken cognizance for the offence punishable under Ss. 376 (2) (i) IPC and 3 (a) and 4 and 5 (m) read with 6 and 29 of the POCSO Act, 2012. The accused was furnished with copies of documents. Charges for the offences under Sec. 376 (2) (i) IPC and 3 (a) punishable under Sec. 4 and Sec. 5 (m) read with 6 and 29 of the POCSO Act, 2012 were framed against him, and when the same were read over and explained to him, he pleaded not guilty and claimed to be tried.