BARMAVATH SUBHASH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 376 (2)(f)(i) of IPC and Sec. 5(m) r/w 6 of POCSO Act, 2012 vide judgment in POCSO S.C.No.37 of 2017 passed by the II Additional District and Sessions Judge, Medak at Sangareddy. Aggrieved by the said order of conviction, present Criminal Appeal is filed.

(2.) Briefly, the case of the prosecution is that the victim girl/ P.W.2 was aged around 7 years at the time of incident. She was taken to P.W.4(Doctor) by mother/P.W.1 on 21/9/2016 since P.W.2/victim girl had complained about fever and pain. P.W.4 having examined the victim girl found that sexual assault might have taken place and as suggested by PW4, victim girl was taken to the Nilofer Hospital. The condition of the victim girl was informed to the police and on the very same day i.e., on 21/9/2016, victim girl was examined by P.W.11, who is a Doctor. P.W.11 found Vulva Edema and stain of blood was present on the private part of the victim girl and that might be on account of rubbing with hand or fingers. On investigation by the police, it was found that this appellant had inserted his fingers into the vagina of the victim girl. Having examined the witnesses, police filed charge sheet against the appellant for the aforesaid offences.

(3.) Learned Special Judge having examined P.Ws.1 to 14 and marking Exs.P1 to P9 found that the appellant was guilty and accordingly, convicted the appellant.