BADAK PANDEY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed aggrieved by the judgment in SC No.249 of 2016 dtd. 16/10/2021 passed by the Metropolitan Sessions Judge, Cyberabad at L.B.Nagar whereby, the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of three years for the offence under Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the Act').

(2.) The case against the appellant, according to the victim girl is that she was studying 6th class in St. Mary School. P.W.1 is her mother. L.W.3 is her father. She knows the appellant. He used to reside in the second floor of the building. They used to stay in the first floor of the building. On 13/9/2015 after victim and her sister came back from school, they left the bag at home and went out opposite to their house for attending nature call in open place. After that, the accused, who was residing in the second floor, lifted her and took under the tree and removed her dress and slept on her. Then, she shouted and called her mother (P.W.1), who came, lifted the accused and slapped him. Thereafter, P.W.1 called the father of the victim girl and also brother and both of them beat the appellant and handed over to the police and lodged complaint. The victim girl was examined by the police. Thereafter, she was taken to the Magistrate Court wherein the learned Magistrate recorded her statement.

(3.) On the basis of the complaint filed by P.W.1, the mother of the victim girl/P.W.2 narrating the said facts, crime was registered. After investigation, the police filed charge sheet.