TUNGANA RAVI CHAITANYA Vs. STATE OF A.P.

JUDGEMENT

(1.) Sole Accused in POCSO Sessions Case No.1 of 2015 on the file of the Court of the learned Special Sessions Judge for Trial of the Cases under the Protection of Children from Sexual Offences Act, 2012-cum-I Additional Sessions Judge, East Godavari District at Rajahmundry, is the appellant in the present Criminal Appeal. He was tried by the learned Additional Sessions Judge under three (3) charges. First Charge was under Sec. 354-A (i) (iii) IPC, second charge was under Sec. 506 IPC and the last charge was under Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act')

(2.) Substance of the charge is that on 8/3/2013 at about 8.00 A.M., in the house of victim girl, aged about 12 years, the accused assaulted her with an intention to outrage her modesty and showed pornography against her Will and also criminally intimidated to pour acid and instigated her to fulfil his sexual desire and thereby committed offences punishable under Ss. 354 (i) (iii), 506 IPC and 12 of the POCSO Act.

(3.) After completion of trial, the learned Additional Sessions Judge, East Godavari convicted the accused/appellant herein and sentenced him to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.2,000.00 in default to undergo simple imprisonment for six (6) months for the offence under Sec. 354-A (1) (i) IPC and further sentenced him to undergo Rigorous Imprisonment for three (3) years and also to pay a fine of Rs.2,000.00 in default to undergo simple imprisonment for six (6) months for the offence punishable under Sec. 12 of the POCSO Act. Both the substantive sentences were directed to run concurrently. However, the learned Additional Sessions Judge acquitted the accused/appellant herein for the offence punishable under Sec. 506 IPC.