BALABATHULA SHIVA KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant aggrieved by the judgment in SC No.131 of 2019 dtd. 10/2/2022 passed by the Special Sessions Judge for Fast-Tracking the Cases relating to Atrocities against women-cum-VIII Additional District and Sessions Judge at Khammam, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of three years under Sec. 354-C of IPC. However the appellant was acquitted under Sec. 376(1) and 506 of IPC.

(2.) The case of the prosecution is that the victim/P.W.1 was running Vasavi Fancy Store at Enkoor. The appellant was running a photo studio opposite to the shop of the victim. He got acquainted with the victim and she became close and had sexual contact. They used to meet in the photo studio of the appellant. After carrying on her relation for over eight months, afraid of her family members, the victim wanted to change her behavior and kept the appellant away from sexual contact. On 30/7/2016 at about 8.00 p.m, the appellant called her to come to his studio to fulfill his sexual desire and asked why she was avoiding him. He warned her if she would not come that day, he would reveal the videotape to others which were recorded secretly while they had sex. She went to his studio where the accused had intercourse with her forcibly and warned her to come whenever he calls her to fulfill sexual his desire, failing he would reveal the videotape to others. Aggrieved by the conduct of appellant, complaint was filed.

(3.) The police investigated the case and filed charge sheet for the offences under Ss. 354-C, 376 and 506 of IPC and Ss. 66 and 67 of Information Technology Act. However, the learned Sessions Judge found that only offence under Sec. 354-C of IPC was made out on facts and acquitted the appellant for the other offences under Ss. 376(1) and 506 of IPC.