BORIE THIRUPATHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) Cr.P.C., is directed against the judgment dtd. 12/10/2017 in S.C.No.16 of 2014, on the file of the Special Sessions Judge for trial of cases under the Protection of Children from Sexual Offences Act-cum- I-Additional Sessions Judge, Adilabad, whereby and whereunder the sole appellant-accused was convicted and sentenced to undergo rigorous imprisonment for the period of six months for the offence punishable under Sec. 417 IPC. The accused was further convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000.00, in default to suffer simple imprisonment for a period of two months for the offence punishable under Sec. 420 IPC and further sentenced to under rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000.00, in default to suffer simple imprisonment for a period of six months for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act'). Out of the total fine amount of Rs.21,000.00, the amount of Rs.16,000.00 shall be paid to the victim girl (P.W.1) as compensation. All the sentences shall run concurrently.

(2.) The prosecution case, in brief, is as follows: The appellant (hereinafter referred to as 'the accused') and the de facto complainant (P.W.1) are from the same village i.e., Buruguda Village, H/o Gudem Village and are reside in the same locality. P.W.1 studied up to 6th class at Government School, Gudem and used to go to the house of the accused to watch TV and taking that opportunity, the accused followed her and fell in love with her and hatched as plan to take her into his clutches to fulfill his sexual desires. The accused befriended with her and utilized her to fulfill his sexual desires on the pretext of marrying her from the last one and half years. P.W.1 believed his promise in good faith and surrendered herself before him. The accused and the victim girl used go to the agricultural land of her parents for committing sexual intercourse and as a result of which she became pregnant and informed the same to the accused, but he advised not to disclose his name, otherwise he will not marry her in future. P.W.1 kept silence and did not disclose the same to anyone, including her parents. Resultantly, P.W.1 was blessed with a male child. She approached the accused again and insisted him to marry her, but he refused to do so saying that he is neither responsible for the birth of a male child nor he would like to perform marriage with her. Later, the parents of P.W.1 approached the elders and they advised the accused to marry her, but he refused to marry. Subsequently, P.W.1 approached the police along with her parents and lodged a complaint in Ex.P-1.

(3.) The Sub-Inspector of Police, P.S.Bejjur (P.W.14) registered a case in Cr.No.63 of 2013 for the offences punishable under Ss. 417, 420, 376 IPC on 22/9/2013 at 05:00 p.m., and submitted the FIRs to all the officers concerned. Ex.P-14 is the FIR. P.W.14 examined the victim girl-P.W.1 and her parents P.Ws.2 and 3 and recorded their statements. The Inspector of police P.W.15 took up investigation on the same day and visited the scene offence at Burgudu Village along with P.W.1 and secured the presences of P.W.6 and another, conducted scene of offence panchanama, prepared sketch Ex.P-5 and re-examined P.Ws.1 to 3. Thereafter, he examined P.W.11, Headmaster and collected Ex.P-11 bona fide certificate of P.W.1. During the course of investigation, they also examined P.Ws.4 and 5 and recorded their statements. They also referred the victim girl to Government Hospital for medical examination. P.W.9 is the doctor who examined P.W.1 and issued report in Ex.P-6. As the victim girl is mother of child, he also collected the date of birth certificate of the new born child Deshmukh Shivaji in Ex.P-13 from P.W.13, Panchayat Secretary, on 31/7/2017. During the course of further investigation, he apprehended the accused and recorded his confessional statement in the presence of P.Ws.7 and 8 and referred him to Government Hospital for medical examination. P.W.12 is the doctor who examined the accused and issued potency certificate in Ex.P-12. Further, the victim girl and her male child were referred to DNA test at Hyderabad along with the accused as per the orders of the Judicial Magistrate of First Class, Sirpur (T). P.W.10, the doctor, who conducted DNA test and issued DNA report in Ex.P-7, opined that the male child is the son of the accused. Thereafter, P.W.16 took up investigation and verified the same and after collecting all the relevant documents and after completing the investigation, filed charge sheet against the accused for the offences punishable under Ss. 417, 420, 376(2)(i) IPC and Ss. 6 and 8 of the POCSO Act.