LAWS(TLNG)-2022-6-146

GUDA MAHENDER Vs. STATE OF TELANGANA

Decided On June 30, 2022
Guda Mahender Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The appellant/accused convicted for the offence under Sec. 366-A and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.1,000.00, in default, to undergo simple imprisonment for six months, and also sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,000.00, in default, to undergo simple imprisonment for a period of six months for the offence under Sec. 376(2)(n) of IPC and also to pay fine of Rs.500.00, in default, to undergo simple imprisonment for a period of one month for the offence under Sec. 342 of IPC by judgment dtd. 20/4/2021 in S.C.No.578 of 2017 passed by the Special Judge for Trial of cases under POCSO Act-cum-IX Additional District and Sessions Judge (FTC), Ranga Reddy District at L.B.Nagar. Aggrieved by the same, present appeal is filed.

(2.) The case of the prosecution is that P.W.l, who is the father of the victim/P.W.2 filed a complaint on 20/2/2017 stating that his daughter was missing from 12/2/2017 morning hours after she left for school, she did not return and suspected the appellant herein. Accordingly, the appellant was shown as accused in the FIR registered under Sec. 366 of IPC. On 24/2/2017, the police informed P.W. 1 that the victim girl/P.W.2 came to the police station. When questioned, P.W.2/victim girl stated that the accused had taken her by force stating that he would marry her. They went to Udemgadda and stayed in a room and she was continuously raped during the said period. On the basis of the said statement by P.W. 2, sec. of law was altered and Ss. 342, 376 (2)(f)(i)(n) of IPC and Sec. 3(a) r/w Sec. 4 of POCSO Act were added. Accordingly, the appellant was charged and tried for the said offences.

(3.) Learned counsel for the appellant was continuously absent, for which reason, the learned Assistant Public Prosecutor was heard and reserved for the judgment.