T. NARSIMHA CHARY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 5(m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 376(2)(i) of IPC and sentenced to undergo rigorous imprisonment for a period of ten years and also to pay fine of Rs.2,000.00, in default, to suffer simple imprisonment for a period of three months vide judgment in S.C.No.128 of 2016 dtd. 26/9/2018 passed by the I Additional Metropolitan Sessions Judge-cum-Special Judge for trial of Cases under POCSO Act, 2012, Hyderabad. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the prosecution is that the appellant dragged P.W.2, who was aged about 6 years on 21/2/2014 into his house and closed the door. Appellant removed victim's clothes and laid on her on the bed and committed penetration, for which reason her hymen was torn and she suffered pain and cried. The appellant left the spot and thereafter victim informed her mother PW1, who filed a complaint. On the basis of the complaint, appellant was charge sheeted for the offences under Sec. 5(m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 and Ss. 376(2)(i) of IPC, however, not found guilty for the offence under Sec. 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989.

(3.) The victim girl/P.W.2 entered into the witness box and the learned Sessions Judge after questioning her, found that she was able to understand the questions and rational answers were being given. P.W.2 narrated that on 21/2/2014, it was a holiday and while she was playing with her brother around 3.00 p.m, the appellant asked her brother to go away and the appellant took the victim girl into the house and bolted the door. He removed his pant, shirt and underwear and put his part which is for urinating in her part used for urinating. Feeling pain, she cried. The appellant left her threatening her to kill, if she disclosed this matter to anyone. P.W.2 went to the house and informed her mother/P.W.1, who lodged complaint to police.