MEKALA SHIVA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present appeal is filed questioning the conviction of the appellant for the offences under Sec. 5(1) r/w Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and sentenced to undergo rigorous imprisonment for a period of 20 years and also to pay fine of Rs.2,000.00, in default, to undergo simple imprisonment for a period of six months and also sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.1,000.00 in default, to undergo simple imprisonment for a period of three months for the offence under Sec. 363 of IPC vide judgment dtd. 23/2/2022 in P/Sessions Case No.135 of 2019 passed by the Special Judge for Trial of Cases under POCSO Act-cum-II Additional District & Sessions Judge, Nizamabad.

(2.) The case of the prosecution is that P.W.1, the father of the victim girl (P.W.5) filed a complaint under Ex.P1 on 27/12/2018 stating that on 25/12/2018 when they woke up, they did not find P.W.5 and she was missing, for which reason, police registered a crime for 'girl missing'. Thereafter, on 15/2/2019, P.W.5/victim girl was rescued and on seeing the police, the appellant/accused managed to escape. However on 17/2/2019, the appellant was apprehended by the police.

(3.) After examination of the victim, P.W.5, the sec. of law was altered to Sec. 366(A), 376(2)(i) IPC and Sec. 5(1) r/w Sec. 6 of POCSO Act, 2012. The accused was also charged for the said offences.