MANOJ KUMAR MAHANAND Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellant/accused, aggrieved by the judgment, dtd. 23/12/2021, passed in S.C.No.30 of 2014 by the learned Special Sessions Judge for Fast Tracking the cases relating to atrocities against women-I-cum-X Additional Metropolitan Sessions Judge, Hyderabad, whereby the Court below convicted the appellant/accused of the offence punishable under Sec. 376(2)(f) of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000.00, in default, to undergo additional simple imprisonment for six (6) months, in addition to conviction period.

(2.) We have heard the submissions of Sri P. Prabhakar Reddy, learned counsel for the appellant/accused, Sri C.Pratap Reddy, learned Public Prosecutor appearing for the respondent/State and perused the record.

(3.) The core contention of the learned counsel for the appellant/ accused is that the doctor who examined the victim and allegedly issued Ex.P8-Medical report of the victim was not examined before the Court below to prove the contents of the same. Without formally proving Ex.P8-Medical report of the victim, which is tendered in evidence by PW.11-investigation officer, the Court below erroneously took the same into consideration to come to a conclusion that PW.2-victim was sexually assaulted by the appellant/accused.