STATE OF TELANGANA Vs. PONNALA MADHU

JUDGEMENT

(1.) The present appeal is filed by the State aggrieved by the acquittal of the respondent recorded by the Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Warangal, for the offences punishable under Ss. 417, 420, 376(2)(n) of the IPC and Sec. 5(I) r/w 6 of the Protection of Children from Sexual Offence Act, 2012.

(2.) Briefly, the facts of the case are that the respondent/accused was a driver of vehicle belonging to the Vaagdevi Junior College, Pallakurthy. The victim girl/P.W.1 used to go to the college and return in the vehicle driven by the respondent/accused. During July-August, 2014, the respondent/accused stated that he was loving P.W.1/victim girl and would marry. However, she refused the said proposal. In the month of September, P.W.1 accepted the love proposal and the respondent/accused used to talk to her over phone and met him regularly. In the month of October, 2014, one day, the respondent/accused asked P.W.1 to come to the agricultural well in the evening, accordingly, P.W.1 went to the said agricultural well at the outskirts of the village at 7.00 p.m. Thereafter, P.W.1 was constantly in touch with the respondent.

(3.) On 20/9/2015, the respondent/accused informed P.W.1 that he would marry another girl, however, P.W.1 questioned the respondent/accused about the marriage, then the respondent/accused replied that he was joking and there is no such marriage proposal. Thereafter, P.W.1 questioned as to why he had sexual intercourse with her, then the respondent/accused replied that it was to satisfy his desire. On 5/1/2016, at about 4.30 p.m, while P.W.1 was returning from college, she asked the respondent/accused to marry her, then the respondent/accused abused her in the name of caste that she belong to 'Lambada', for the said reason, she lodged complaint Ex.P1 on 7/1/2016. Thereafter, P.W.1 also gave Sec. 164 Cr.P.C statement before the Judicial First Class Magistrate. On 28/1/2016 in the presence of both parents and elders, her marriage with the respondent/accused was celebrated at Burgula Venkateshwara Swamy Temple and thereafter she was taken to her matrimonial house. However, the parents of the respondent/accused did not accept P.W.1 as their daughter-in-law. Both P.W.1 and respondent/accused cohabited 14 days. The brother of the respondent/accused, sister-in-law and mother-in-law of P.W.1 asked her to leave the house, for the said reason, there was an altercation and the respondent/accused beat P.W.1 with a bucket. However, while leading marital life, P.W.1 conceived. When she was 1 - month's pregnancy, she was taken to the hospital and without her knowledge, it is alleged that her pregnancy was aborted. Due to the acts of the respondent/accused and his family members, on account of differences, they went to the Deputy Superintendent of Police, who advised the respondent/accused and his family members not to harass P.W.1. On 9/4/2016, the respondent/accused and his mother beat P.W.1 severely on the chest and back of the waist, for which reason, P.W.1 was injured and treated in Government Hospital, Palakurthy.