MALOTH RAJESH 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, Khammam, in S.C.No.51 of 2015, dated 28.02.2019, 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 366 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.5,000/- in default, to suffer simple imprisonment for a period of one year 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.5,000/- in default, to suffer simple imprisonment for a period of one year for the offence punishable under Section 366 of I.P.C. Both the sentences were directed to be run concurrently.

(2.) The case of the prosecution, in brief, is that on 26.07.2014 P.W.1 lodged a complaint with the police stating that his younger daughter i.e., victim girl, aged about 16 years, studying Intermediate 1st year, went to college on 08.07.2014 at about 9.30 A.M., but she did not return to house till the evening and that he searched for his daughter in every nook and corner and as such there was delay in lodging the complaint. Basing on the said complaint (Ex.P1), P.W.14-the then Head Constable, Kothagudem, registered a case in Crime No.342 of 2014 under the head of 'girl missing' and issued Ex.P11-F.I.R. Later, basing on the statement of P.W.3/victim girl, P.W.13-the then Sub Inspector of Police, Kothagudem, altered the Section of law by adding Sections 366, 376 (2) of I.P.C. and Section 6 of the POCSO Act. Ex.P10 is the alteration memo. On receipt of Ex.P10, P.W.15-Inspector of Police, Kothagudem, recorded the statements of P.Ws.1 and 2; P.W.3 was examined by P.W.11, which was videographed by P.W.4; thereafter recorded the statements of P.Ws.3, 4 and 11; collected Ex.P5-Study and Conduct certificate of the victim girl; sent P.W.3 for medical examination; arrested the accused at his house and sent requisition for conducting potency test of the accused and collected the potency certificate. Thereafter, P.W.15 visited the second scene of offence at Venkiryala Village, prepared Crime Detail Form and rough sketch in the presence of P.W.8 and another; sent P.W.3 for recording her statement under Section 164 of Cr.P.C. and thereafter he handed over the case file to P.W.16. After completion of investigation and collecting all the material papers, P.W.16-the then Deputy Superintendent of Police, Kothagudem, filed a charge sheet, which was taken cognizance as S.C. No.51 of 2015.

(3.) On appearance of the accused, charges under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 366 of I.P.C. were framed against the accused, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.