VANKA RAJESH RAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 5(1) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 ( for short 'the POCSO Act5) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.2,000.00, in default of payment of fine amount, to undergo simple imprisonment for a period of six months, and further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000.00 and in default of payment of fine amount, to undergo simple imprisonment for a period of three months for the offence under Sec. 506 of IPC and no separate sentence under Sec. 376(2) (i)(n) of IPC by judgment dtd. 19/9/2019 in S.C.PCS No.91 of 2017 passed by the I Additional Metropolitan Sessions Judge-cum-Special Judge for trial of Cases under Protection of Children From Sexual Offences Act, 2012, Hyderabad (for short learned Sessions Judge5).

(2.) The case of the prosecution is that P.W.l, who is the mother of P.W.2/victim girl lodged a complaint on 14/12/2016 stating that the P.W.2/victim girl was studying IX Class and her date of birth is 7/2/2003 and the son of P.W.l who was aged 5 V2 year, both were commuting to school in the auto of the appellant/accused. On 14/12/2016, P.W.2 informed P.W.l that she does not want to attend school for which reason, P.W. 1 persistently questioned. P.W.2 informed that the appellant/accused was misbehaving with her and committing wrong actions. Further, on enquiry, P.W.2 informed that since August, 2016, he used to take children in the auto to the near open places and asked them to play and P.W.2 was taken into nearby vacant quarters and appellant committed rape on her several times. After receiving the complaint, police referred P.W.2/victim girl to Gandhi Hospital for medical examination and the Doctor-P.W.7 confirmed that the victim was pregnant by 16 to 18 weeks.

(3.) P.W.2 during her examination before the Court stated that since August, 2016, the appellant committed rape on her regularly by taking her to open places in vacant quarters. Further, he threatened P.W.2 with dire consequences if the matter is disclosed to any one. The foetus of P.W.2 was aborted and later subjected to DNA examination to know about the biological father. However, after FSL examination, no opinion of DNA result could be given, for the reason of there being no amplifiable DNA yield from foetus. The said report is Ex.P19.