CHINTHALA MANIKYA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant/Accused filed the appeal questioning the conviction and sentence recorded by the XII Additional Metropolitan Sessions Judge, Hyderabad, in S.C.PCS No.94 of 2020, dtd. 29/9/2023, for the offences under Ss. 376(2)(n), 376(3) and 366-A of the Indian Penal Code and Sec. 5(1) r/w.6 of Protection of Children from Sexual Offences Act, 2012 (POCSO, Act).

(2.) Heard Sri CH.Jagannath Chary, learned Counsel for the appellant and learned Assistant Public Prosecutor for the respondent State.

(3.) PW.2 is the victim girl and PW.1 is the maternal grand- mother of PW.2. The appellant is the neighbor to the house of victim girl's father-Benny (PW.3). The mother of the victim girl namely Manju Francis went to Dubai. The brother of PW.2- victim was living with the paternal grand-mother and victim was living with her maternal grand-mother-PW.1. According to PW.2 while she was studying II class, her friend namely Neeraja introduced her to the appellant who is her uncle. The appellant was married but his wife deserted him. The appellant used to stay with his mother. The appellant used to visit their house frequently since the appellant knew her father-PW.3. One day according to PW.2, the appellant hugged and kissed her and removed her clothes and also his clothes and committed forcible sexual intercourse. The appellant threatened that he has taken nude photographs and videographs and that he would circulate them in the locality, if PW.2 did not concede to his demand of participating in the sexual intercourse. On account of fear, she did not inform anyone and the said sexual harassment continued. In the year 2018, the victim suffered ill-health and she experienced stomach pain, dizziness and irregular periods. The paternal grand-mother took PW.2 to PW.1 and informed about the pain of PW.2. On enquiry, PW.2 informed about the acts of the appellant and on the next day i.e. on 28/6/2018 at 7.30 p.m., the complaint-Ex.P1 was lodged.