DEEP SINGH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 15/10/2018 in S.C. PCS No.47 of 2018 passed by the learned I Additional Metropolitan Sessions Judge-cum-Special Judge for Trial Of Cases under Protection Of Children From Sexual Offences Act, 2012, Hyderabad.

(2.) The case of the prosecution is that the appellant/accused alleged to have raped the victim child and thus it is alleged that accused committed offences punishable under Sec. 5 (i) (m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 376 (2)(i)(m) of IPC. To prove the guilt of the accused prosecution examined P.Ws.1 to 9 and marked Exs.P1 to P11 on their behalf and also marked M.Os.1 to 4. Exs.D1 and D2 were marked on behalf of defence. The Trial Court after considering the arguments of both sides and also the entire evidence on record, convicted the accused under Sec. 235(2) of Cr.P.C. and in view of Sec. 42 of POCSO Act, sentenced him to undergo life imprisonment with a fine of Rs.2,000.00, in default to suffer simple imprisonment for a period of three months for the offence punishable under Sec. 5(i)(m) r/w 6 of the POCSO Act, 2012. Aggrieved by the said judgment, accused preferred the present appeal.

(3.) The brief facts of the case are that as per complaint given by father of the victim child is that he hails from UP State about three years back, for livelihood he came to Hyderabad and he also brought Sher Singh, Venu, Rinku, Azad, Niraj to assist him in his work and all of them were residing in his house. Deepu Singh/accused also residing in his house. On the intervening night of 6/9/2016, at around 01.00 a.m. his younger daughter, Naina, was sleeping along with her mother and the accused took her into the bathroom and committed rape and brought her back and laid her on the cot. When he and his wife heard the cries of the baby, they noticed bleeding from her private parts and immediately they took her to Gandhi Hospital and went to the police station and requested them to take action against the accused and filed complaint on 7/9/2016 in Crime No.535 of 2016 under Sec. 376 (2)(i)(m) of IPC and Sec. 6 r/w 5(i) and (m) of POCSO Act, 2012 and it was signed by the complainant/P.W.1 in Hindi.