KATHULA YADAGIRI Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in POCSO Sessions Case No.103 of 2015 preferred this criminal appeal challenging the conviction and sentence passed by the 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, Rajahmundry, vide judgment, dated 21.12.2016, whereby the learned Sessions Judge found the appellant/accused not guilty for the offences punishable under Sections 376 read with 511 of the Indian Penal Code, 1860 (for short, "I.P.C.") and he is acquitted of the same under Section 235(1) Cr.P.C. and the accused was found guilty of the offence punishable under Section 10 of The Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act'), convicted and sentenced him to undergo Rigorous Imprisonment for a period of five (5) years and to pay a fine of Rs.1,000/-, in default to suffer Simple Imprisonment for a period of six (6) months, while setting of the remand period already undergone.

(2.) The brief facts, that are necessary for disposal of the present Criminal Appeal, in nutshell are as follows.

(3.) On receipt of written report from P.W.2, L.W.12-SubInspector of Police, Kothapeta Police Station, registered the same as a case in Crime No.6 of 2014 under Sections 376 read with 511 IPC and Section 10 of the POCSO Act and took up investigation. During the course of investigation, the police examined the witnesses and collected material and after completion of investigation, filed charge sheet before the Court.