SAYEED ALEEM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Sessions Judge for Trial of Cases under Protection of Children from Sexual Offences Act-cum-I-Additional Sessions Judge, Adilabad, in Spl.S.C.No.104 of 2016, dated 28.10.2019, whereby the appellant/accused was found guilty of the offences punishable under Section 5 (m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 376 (2) (i) 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.1,000/-, in default, to suffer simple imprisonment for a period of one month for the offence punishable under Section 5 (m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act"). No separate sentence is imposed for the offence punishable under Section 376 of I.P.C. in view of Section 42 of the POCSO Act, which provides for alternate punishment.

(2.) The case of the prosecution, in brief, is that on 05.08.2016 P.W.1 lodged a complaint with the police stating that on 05.08.2016 at about 5.00 P.M., while his second daughter i.e., victim girl, aged about 12 years, was playing with cycle in the surroundings of his house, accused stopped the victim girl by offering to give playing stickers and money and accordingly the victim went to the accused, who took her into an auto, which is in front of his house, hugged her by pressing her breast and from there he dragged her into his house, closed the doors, removed her pant, laid down her on the ground and raped her forcibly by pressing her breast and thereafter the victim girl went to her house and informed the incident to her father (P.W.1). Basing on the said complaint (Ex.P1), P.W.11-Assistant Sub Inspector of Police, Adilabad Rural, registered a case in Crime No.146 of 2016 for the offences punishable under Section 354-B of I.P.C. and Section 12 of the POCSO Act, examined and recorded the statement of P.W.1. Thereafter, the section of law was altered to Section 376 (2) (i) of I.P.C. and Section 4 of the POCSO Act. The statement of P.W.2 was recorded by P.W.10-Sub Inspector of Police, which was videographed by P.W.4. On receipt of Ex.P11-F.I.R, P.W.12-Inspector of Police, Adilabad Rural, took up the investigation, recorded the statements of the witnesses, visited the scene of offence, prepared Crime Details Form and drew its rough sketch in the presence of P.W.6 and another. Ex.P4 is the C.D.F. along with rough sketch; thereafter recorded the statements of P.Ws.4 to 10; collected Ex.P3-Bonafide certificate of the victim girl from P.W.5; sent P.W.2/victim girl for medical examination; arrested the accused, recorded the confessional statement of the accused in the presence of P.W.7 and another and seized one cut-drawer from the possession of the accused and sent requisition for conducting potency test of the accused and collected the potency certificate; got recorded the statement of P.W.2 under Section 164 of Cr.P.C. After completion of investigation and collecting all the material papers, he filed a charge sheet, which was taken cognizance as Spl.S.C.No.104 of 2016.

(3.) On appearance of the accused, charges under Section 376 (2) (i) of I.P.C. and Section 5 (m) read with Section 6 of the POCSO Act, were framed against the accused, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.