MATURI SUMAN Vs. STATE OF TELANAGNA

JUDGEMENT

(1.) Questioning the conviction under Ss. 376 (1), 417 of Indian Penal Code and Sec. 3 r/w Sec. 4 of the Protection of Children from Sexual Offences Act, the present appeal is filed.

(2.) The case of the prosecution is that PW1 who is the victim was born on 15/5/2002. Eight months prior to filing of the present complaint which is dtd. 30/10/2019, PW1 attended a marriage at Dandepalli village wherein she met the appellant and exchanged mobile numbers. On 8/9/2019, the appellant called PW1 and accordingly on 9/9/2019, PW1 went to Hanmakonda from her village. On the same day, the appellant took PW1 to his room situated at Hanuman Nagar, Hanmakonda on his motorcycle and she stayed there, wherein the uncle of the appellant by name Murali (LW6) not examined was also present. On 10/9/2019, the said Murali left the room of the appellant and on the promise of love and marriage, the appellant had sexual intercourse with P.W.1. Thereafter, on the same day, the appellant left P.W.1 at the bus stand where she boarded the bus to her village. The appellant asked P.W.1 to wait for two months to get married. P.W.1 waited for 10 days and called the appellant and requested to marry her. However, the appellant refused stating that he is not inclined to marry. For the said reason, on 30/10/2019, P.W.1 narrated the said incident to P.W.2 her mother and for the reason of refusal of appellant to marry P.W.1, the mother- P.W.2 lodged a complaint Ex.P1 narrating the facts as stated above.

(3.) The learned counsel for the appellant submits that the appellant was aged 17 years and five months as on the date of complaint and further, the proof produced by the prosecution is Ex.P2, which is SSC Board Public Examination Marks Sheet and said certificate issued by the School, wherein the date of birth of the appellant is mentioned as 15/5/2002. However, the said certificate cannot be relied upon for the reason of the date of birth being entered in the school records on the assertion made by the appellants at the time of admission and it cannot be construed that such declaration of date of birth at the time of admission is correct.