MALA ANJAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal is filed seeking to set aside the judgment dtd. 10/11/2021 in S.C.No.124 of 2017 on the file of Fast Track Special Judge for Trial of Cases Under POCSO Act -cum- IX Additional District and Sessions Judge (F.T.C.), Ranga Reddy District, L.B.Nagar, for the offences punishable under Ss. 376, 417 of I.P.C. and Sec. 3 read with Sec. 4 of POCSO Act.

(2.) Heard learned counsel for the appellant as well as Sri S.Ganesh, learned Assistant Public Prosecutor appearing for the respondent.

(3.) The case of the prosecution is that six months prior to lodging the complaint, on the occasion of holidays to the college, in the absence of the mother of the victim/PW-2, in the afternoon the accused forcibly took the girl to his room and committed rape upon her and told her that he will marry the victim girl. Due to the deceitful assurance made by the accused, the victim girl kept calm. Thereafter, the accused, frequently, participated in sexual intercourse with the victim girl, resulting the victim girl became three months pregnant by the time of registering the case against the accused. The de facto complainant/mother of the victim girl noticed the abdomen of the victim girl. On enquiry, victim girl informed to the mother that the accused forcibly raped her and subsequently, he had sexual intercourse with her. Basing on the complaint given by the mother of the victim/PW-2 a case was registered against the accused for the offences punishable under Ss. 376, 417 of the I.P.C and Sec. 3(1) r/w. Sec. 4 of the POCSO Act and was sentenced to undergo simple imprisonment for a period of seven years and to pay fine of Rs.5,000.00 and further he was convicted for the offences punishable under Ss. 5 and 6 of the POCSO Act and was sentenced to undergo rigorous imprisonment for a period of twenty years and to pay fine of Rs.5,000.00 and in view of the provisions of Sec. 6(2) of the POCSO Act, the accused was sentenced only to pay a fine of Rs.5,000.00 imposed for the offence under Sec. 6 of the POCSO Act and the same was directed to be paid to complainant/PW-1.