KADAMANDA BALAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Questioning the correctness of the conviction recorded by the Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act-cum-I Additional Sessions Judge, Adilabad (for short 'the Sessions Judge') in Spl.S.C.No.86 of 2016, the present appeal is filed.

(2.) Learned Sessions Judge convicted the appellant for the offences punishable under Sec. 376(2) of IPC and sentenced to undergo rigorous imprisonment for a period of Ten years and to pay a fine of Rs.500.00 in default of fine, he shall undergo simple imprisonment for a period of One month. The appellant is further sentenced to undergo rigorous imprisonment for a period of six months for the offence punishable under Sec. 506 of IPC. No separate sentence is imposed for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 ( for short 'the Act') in view of Sec. 42 of the Act, which provides for alternate punishment.

(3.) Briefly, the facts of the case are that P.W.2 is the mother of P.W.1/victim. On 2/6/2016, the appellant went to the house of P.W.1/victim and talked to her father. The appellant left the house and thereafter, the father of P.W.1 also went away. The accused came back and having entered the house, caught hold of hand of P.W.1 and took her inside, laid her on bed sheet and committed rape of P.W.1. P.W.1 resisted and raised hue and cry. In the process, her bangles were broken. After committing the rape, the accused threatened not to disclose the incident to anyone. However, when P.W.2, mother returned to the house, P.W.1 informed her, who in turn informed the same to her husband. However the husband though examined by police was not examined in Court. All three of them went to the police station and P.W.1/victim girl filed complaint Ex.P1, which was scribed by her neighbor to her dictation. The police registered the case, conducted investigation and filed charge sheet against the appellant for the offences punishable under Ss. 376(2) and 506 of IPC and Sec. 4 of the POCSO Act of 2012.