R. RAJESH KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present appeal is filed questioning the conviction of the appellant for the offence under Sec. 6 of the POCSO Act and sentenced to Rigorous Imprisonment for a period of 25 years and to pay fine of Rs.20,000.00, in default SI for one year. Further compensation amount of Rs.4,00,000.00 to be paid to the victim girl.

(2.) The case of the prosecution is that on 9/1/2021, the Police Saifabad received a complaint Ex.P1 from P.W.1, Dr.Kiranmai of Niloufer Hospital informing the police that the victim girl P.W.2 was admitted in the hospital with 'battered baby syndrome' and suspected that P.W.2 child was subjected to sexual abuse. Accordingly, a crime was registered for the offence under Sec. 376-AB and Sec. 5 of r/w Sec. 6 of the POCSO Act and investigation handed over to P.W.15.

(3.) The victim/P.W.2 was initially brought to Niloufer Hospital by her father D.W.1 on 7/1/2021. On finding that the child must have been subjected to sexual abuse, P.W.1 referred the child to P.W.4, Dr.Prithvini for examination, diagnosis and treatment. P.W.4 examined the victim/P.W.1 and noticed multiple bruises on her body, bruised areas over the right side of the neck, orbital echymosis, contusions over the cheeks, bruised areas of the chest abdomen, legs and hands. Further, P.W.4 noticed that the child was unable to sit comfortably due to scratch marks over her buttocks. She also noticed 'mons pubis contusion and tenderedness, on left labia majora healed abrasion wound, right sided labia was swollen to minimum extend, contusion and congestion over the vulval outlet, periurethral congestion. Her hymen was not intact.' Due to her condition, it was found that the said injuries found were signs of sexual assault and accordingly swabs and smears and nail clipping of the victim/P.W.2 were collected for the purpose of FSL examination. After receipt of FSL report, P.W.4 dtd. 15/2/2021 gave opinion that "possibility of sexual assault could not ruled out".