MOHD MUNEERUDDIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned I-Additional Metropolitan Sessions Judge-cum-Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act, 2012, Hyderabad, in S.C.PCS.No.89 of 2017, dated 23.06.2020, whereby the appellant/accused was found guilty of the offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 377 of I.P.C. and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of Ten years and to pay a fine of Rs.2,000/- in default, to suffer simple imprisonment for a period of six months for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") and also sentenced to undergo rigorous imprisonment for a period of Ten years and to pay a fine of Rs.2,000/- in default, to suffer simple imprisonment for a period of six months for the offence punishable under Section 377 of I.P.C. However, the appellant/accused was found not guilty for the offence punishable under Section 506 of I.P.C. and accordingly he was acquitted for the said offence.

(2.) The case of the prosecution, in brief, is that P.W.1 lodged a complaint with the police stating that his son Master Shaik Tabrez (P.W.2), aged about 12 years, studying in IV Class in Shah's Memorial School, Najam Nagar, Kishanbagh, Hyderabad, has complained him on 10.11.2015 that he is suffering with pain in anus and on enquiry, he revealed that on 09.11.2015 at about 12.00 hours his Arabic Teacher Muneer (Accused) asked him to come to his house for getting Arabic books during school timings and after going to his home, he removed his clothes by threatening and started touching his private parts and also started doing sex with him, on that P.W.2 started shouting and on hearing the hues and cries of P.W.2, the accused told him to wear his clothes and thereafter dropped him at School. It is also stated in the complaint that the school management has also revealed that previously the accused had done this type of offence several times with others. Basing on the said complaint (Ex.P1), P.W.11-Sub-Inspector of Police, registered a case in Crime No.295 of 2015 for the offences punishable under Section 377 of I.P.C. and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 and issued Ex.P7-F.I.R. During the course of investigation, P.W.11 examined P.Ws.1 and 2 and recorded their statements and sent P.W.2 for medical examination to Osmania Hospital, Hyderabad. Thereafter, P.W.14-the Inspector of Police took up investigation on 11.11.2015; visited the house of P.W.2; re-examined and recorded his statement; visited the scene of offence, conducted scene observation panchanama in the presence of P.W.8 and one Shaik Isaq (L.W.11) and prepared rough sketch of the scene of offence. On 12.11.2015, P.W.14 visited Shah Memorial School, situated at Nazam Nagar and recorded the statement of P.W.5, who is the Teacher in the same school and who noticed the absence of P.W.2 in the class while she was taking class; thereafter P.W.14 observed the CCTV recorded footage inside the room of School Correspondent and collected the same under a cover of panchanama in the presence of P.W.9 and one Aqeel Ahmed (L.W.13) and also examined P.W.6, who assisted him in arranging the CCTV footage of the school premises wherein he noticed and identified that P.W.2 has been taken by the accused. On 12.11.2015, P.W.14 arrested the accused and recorded his confessional statement in the presence of P.W.10 and one Mohd. Aziz Khan (L.W.14). After completion of investigation and collecting all the material papers, P.W.14 filed the charge sheet, which was taken cognizance as S.C. PCS No.89 of 2017.

(3.) On appearance of the accused, charges under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 377 and 506 of I.P.C. were framed, read over and explained to the accused. The plea of the accused is one of total denial.