CHANDETI SUDHAKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant has challenged the judgment dated 02.09.2014 passed by a Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Warangal, whereby the appellant has been convicted, for offences under Sections 366 and 376(2)(i) IPC, and under Section 5(k) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, for short), and sentenced to life imprisonment under Section 5(k) read with Section 6 of the POCSO Act, and further directed to pay fine of Rs.50,000/-, out of which Rs.45,000/- shall be paid to the victim as compensation, and further sentenced to three years rigorous imprisonment for offence under Section 366 IPC, and fined with Rs.500/-, in default, further directed to undergo simple imprisonment for one month. Since the appellant was convicted, and sentenced under the POCSO Act, he has not been sentenced for offence punishable under Section 376(2)(i) IPC. Both the sentences were directed to run concurrently.

(2.) Briefly, the facts of the case are that on 07.07.2013, at 1:00 p.m., Oruganti Mallaiah (P.W. 3) filed a written report before the S.I., of Police, P.S., Lingala Ghanpur, wherein he claimed that "I have been surviving in Kundaram village by doing agriculture. I am blessed with three heirs i.e., two daughters and one son. My eldest daughter by name Ms. X (name withheld) is deaf and dumb by birth who studied upto 10th standard at Kundaram village school. She is pursuing Intermediate 1st year , and staying in a Government Hostel who returned home during summer vacation and who went regularly as a labourer to agriculture fields. Yesterday, i.e., on 06.07.2013, my daughter went to cotton-crop for plucking the weeds accompanied by Oruganti Prameela, W/o Laxminarsu, Anthagalla Vijaya, W/o Narsinga Rao, Oruganti Iylamma and Chandeti Sudhakar, S/o Yadaiah, and never returned home in the evening after concluding daily labour. I had enquired with Oruganti Prameela, W/o Laxminarsu for the whereabouts of my daughter who told me that my daughter returned home in the evening. I went to cotton crop field and enquired the whereabouts of my daughter with other labourers and they revealed that my daughter returned in the evening along with other labourers. I noticed the absconsion (sic) of Chandeti Sudhakar, S/o Yadaiah from home who accompanied my daughter to the cotton crop field for plucking the weeds regularly as a daily labourer who maintained intimacy with my daughter for a long time and hence I suspect that my daughter is kidnapped by Chandeti Sudhakar and I request your good offices to do justice to me."

(3.) On the basis of the said complaint, a formal F.I.R., namely F.I.R. No. 130 of 2013 was initially registered for offence under Section 366 IPC. However, subsequently with the recovery of the victim, offences under Section 376(2) IPC, and Section 5(k) read with Section 6 of the POCSO Act, were added.