KINNERA MADHU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed by the accused-appellant to set-aside the conviction in S.C.POCSO.No.154 of 2019 on the file of learned First Fast Track Sessions for Expeditious Trial and Disposal of Cases of Rape and Protection of Children from Sexual Offences Act, 2012 at Khammam.

(2.) The appellant was convicted for the offence punishable under Sec. 6 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo Rigorous Imprisonment for a period of 10 years. He was also convicted for the offences punishable under Ss. 417 and 506 of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of 6 months under both Counts.

(3.) Briefly, the case of the prosecution is that appellant was the neighbor of victim girl/P.W3 and used to follow the victim. Thereafter, they started meeting each other, since the appellant made a promise to marry her. The appellant used to call her to the house in the night times around 12:00 or 1:00 clock and participated in sexual intercourse 3 to 4 times. Thereafter, victim girl/P.W3 came to know that the marriage of the appellant was fixed with another girl. When she questioned about marriage, the appellant refused to marry her and also he was not responding to her phone calls. Then it was informed to her parents/P.Ws.1 and 2 and placed issue in front of the village elders where the appellant refused to marry the victim girl and acted as if the victim was a stranger. Since, the appellant refused to marry, a criminal complaint was filed before Thirumalayapalem police. The Police registered a case for the offences punishable under Ss. 417, 420, 376 and 506 of IPC and Ss. 5 read with 6 of POCSO, Act.