LAWS(TLNG)-2023-12-67

ERRANAGULA GOPALA KRISHNA Vs. STATE OF TELANGANA

Decided On December 19, 2023
Erranagula Gopala Krishna Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant aggrieved by the judgment in S.C.POCSO No.157 of 2019, dtd. 27/4/2021 passed by the Special Sessions Judge, First Fast Track Sessions Court for expeditious trial and disposal of cases of Rape and Protection of Children from Sexual Offences Act, 2012, Khammam and sentenced to undergo rigorous imprisonment for a period of 10 years for the offence punishable under Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'the Act of 2012").

(2.) The case of the prosecution is that PW.1/victim was studying in X class and used to stay in Kasturba Gandhi Girls Hostel. Every Sunday, the appellant used to go there and talk to her. He stated that he will marry her after completing her studies. In the year 2017, she was studying in Social Welfare Hostel studying Intermediate first year. The appellant used to visit the hostel on Sundays. On three occasions, both of them went to Boudha Stupham where the appellant hugged her and kissed her and promised to marry her. In the year 2018, while returning from college, P.W.1 was taken on a motor bike and was restrained in a room for four days. After four days, the appellant dropped her at Hostel. During Dussara holidays, when P.W.1 was in her house, appellant asked her to come to cotton fields where they had sexual intercourse. Again P.W.1 came to her house during General Elections, Holi festival, M.P Elections and during all these periods, the appellant had sexual intercourse with her in the cotton fields.

(3.) However, the appellant refused to marry P.W.1. Since the appellant promised to marry her, she did not disclose the relation to anyone. Thereafter, the parents of P.W.1 went to the house of the appellant and asked him to marry, but he refused. For having sexual intercourse over a period of time and refusing to marry, Ex.P1 complaint was filed.