YANADI SWAMINATH Vs. STATE OF A.P.

JUDGEMENT

(1.) The Sole accused in POCSO S.C.No.39 of 2017 on the file of the Court of I Additional District and Sessions Judge, Chittoor, is the appellant. He was tried by the learned I Additional District and Sessions Judge under the following two charges:

(2.) Substance of the charges is that on 13/10/2016 at about 9.00 p.m., after witnessing a movie in Vinayaka Theatre at Bangarupalyam along with the complainant Yandi Kuttemma, her husband, children and mother, the accused, took the sleeping Ammu (hereinafter referred to as ,,the deceased) and on the way split from them, committed rape on her and in the course of such commission, inflicted injuries and caused her death, thereby committed offences under Sec. 376-A , 302 I.P.C and 5 (m) (r) r/w 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) After completion of trial, the learned I Additional District and Sessions Judge, Chittoor convicted the appellant and sentenced him to undergo Rigorous Imprisonment of 'LIFE' and to pay a fine of Rs.1,000.00 (Rupees One thousand only), in default, to undergo six months simple imprisonment for the offence under Sec. 302 I.P.C. The learned I Additional District and Sessions Judge, Chittoor further imposed punishment to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.1,000.00 (Rupees One thousand only), in default, to undergo six months simple imprisonment for the offence under Sec. 5 (m) (r) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 for aggravated penetrative sexual assault on a Minor girl. Both the substantive sentences were directed to run concurrently.