BONALA RAMESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appeal is filed against the conviction of the appellant for the offences under Ss. 366, 506, 496, 376 (2) (n) of Indian Penal Code and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO' Act).

(2.) Briefly stated, case of the prosecution is that PW2 who is father of PW1 having found that PW1 was missing after going to college on 10/2/2014, filed a complaint with the police under Ex.P1 on 15/2/2014. After enquiring with the relatives and other friends PW2 suspected the appellant to be the reason for his daughter missing. A complaint was registered as 'girl missing' and on 25/2/2014, having recorded the statement of one Shiva Kumar (PW3) who saw Appellant and Pw1 going together, the police altered the sec. of law to 366-A of Indian Penal Code. On 2/3/2014 PW1-Victim girl and the appellant went to the police station where the statement of PW1 was recorded. Thereafter, the police obtained Date of Birth certificate of PW1 and on the basis of her statement, the sec. of law was altered and Ss. 376 and 506 of Indian Penal Code were added. After completion of investigation, having found that PW1 was a minor, the police filed charge sheet for the offences under Ss. 363, 366 A, 376 (2) (n), 506, 496 of Indian Penal Code and Sec. 5(l) read with Sec. 6 of the POCSO Act.

(3.) The appellant was charged for the said offences and after conclusion of trial the learned Sessions Judge found the appellant guilty for the offences under Sec. 6 of the POCSO Act and sentenced to undergo 10 years of Rigorous Imprisonment, under sec. 366 of IPC and sentenced to undergo 10 years of Rigorous Imprisonment, under Sec. 506 of IPC and sentenced to undergo 7 years of Rigorous Imprisonment; and under Sec. 496 of IPC and sentenced to undergo 7 years of Rigorous Imprisonment and all the sentences were directed to run concurrently.