KATHULA VASU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed aggrieved by the judgment in SC POCSO No.190 of 2022 dtd. 10/8/2023 passed by the Special Judge for Expeditious trial and Disposal of Rape and Protection of Children from Sexual Offences Act Cases at Mahabubabad wherein, the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of 20 years for the offence under Sec. 3 read with Sec. 4 of the Protection of Children from Sexual Offences At, 2012 (for short "the Act").

(2.) The case of the prosecution is that P.W.2, who is the victim girl was aged around 14 years when the incident had taken place. According to P.W.2, she went to the house of her senior paternal uncle namely Vijaya Bhaskar. On 5/9/2022, complaint was lodged by the father of the victim girl, who was examined as P.W.1, that the victim girl was kept in his brother's house as he was undergoing treatment. P.W.1 went to his house after treatment and found that the victim girl who came back from his brother's place was not active and sad. When questioned P.W.2/victim girl allegedly informed that while she was in her uncle's house, her cousin namely Sandeep laid hands on her and kissed her. He further threatened not to raise her voice. On the next day, the appellant Vasu, who is the cousin of the said Sandeep informed her that he likes her. The appellant tried to commit rape on her. He pressed her chest and waist and did not leave her though she resisted. However, he forcibly committed rape on her. The said incident was narrated to father/P.W.1, 20 days after the incident. Police complaint was lodged.

(3.) On the basis of the said complaint, the victim girl was sent for medical examination. P.W.8 examined the victim girl and gave final opinion that there was no medical evidence of recent sexual intercourse as there was no semen and spermatozoa.