JARPULA DEVENDER Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C., the petitioner/A2 seeks to quash the proceedings in Special S.C. No. 33 of 2014 on the file of Special Judge for trial of cases under Protection of Children from Sexual Harassment Act -cum -I Additional Sessions Judge, Warangal.

(2.) THE prosecution case is that the victim girl, A1 and A2 are residing in same locality in Bobbulonipally village. The victim is a minor aged 17 years and studying Intermediate. A1 and A2 are also students studying Intermediate II year. They are well acquainted with the victim. A1 is a distinct relative of victim and used to visit her house on the pretext of books and notes as he and victim are studying same group. While so, on 06.03.2014 LW1father of victim girl was admitted in the hospital at Parkal for his leg surgery and LW3mother of victim girl was also along with him for his assistance. On 07.03.2014 at about 12:00 hours LW4the brother of victim took meals to his parents leaving the victim girl alone at the house. At that time, it is alleged, both the accused criminally trespassed into the house of victim on the pretext of getting some notebooks and forcibly committed rape on her by gagging cloth in her mouth and threatening with dire consequences if she revealed their heinous act to any others. Due to their heinous act, the victim vexed with her life and consumed monocrotophos a pesticide poison. After that she came out and went to the house of LWs.5 and 6 and told that she consumed pesticide poison. Then, they called LW8 and took the victim to LW10a RMP doctor for treatment. LW10 treated the victim and got her vomited pesticide poison and advised them to take her to another hospital for further treatment. Then, they took her to Lalitha Nursing Home at Parkal. While shifting to hospital, the victim told L.Ws.5, 6 and 8 about the act of accused. They in turn informed about the incident to LWs.1 and 3. LW11 treated her and advised to shift her to another hospital for better treatment. So, they took her to the house of LW12 Dr. Rajeshwar Prasad, Parkal. Upon the advice of LW12 they shifted her to Hanamkonda for better treatment. They took her to Maxwell Hospital, Hanamkonda where she was treated and cured. On the compliant of LW1, the police investigated into the matter and laid charge sheet against A1 and A2. Since A1 is a juvenile in conflict with law, a separate charge sheet was filed against him before learned Juvenile Magistrate -cum -IV Additional JFCM, Warangal.

(3.) IN the light of above rival arguments, the point for determination is: