DINASARAPU SRINIVASA REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is A1 in Crime No.57 of 2018 on the file of E.Bayyaram Police Station, Pinapaka Mandal, Badradri, Kothagudem District. The crime registered is for the offences punishable under Section 376 r/w 511 IPC and Sections 8 & 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act') and also Sections 3(1)(iii) & 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act , 2015 (for short, 'the Act').

(2.) The FIR registered on 21.05.2018 at 18.30 hours from the information received at that time for the alleged occurrence stated happened about seven or eight days earlier. Section 3(1)(iii) of the Act speaks about forcible removal of clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity. Section 2(d) of the POCSO Act defines the "child" means any person below the age of eighteen years. Section 7 of the POCSO Act reads as under:

(3.) A very report of the de facto complainant with seven or eight days delay shows from the handwritten report her age mentioned as eighteen re-written eight making seven appears to suit the definition of Section 2 of the POCSO Act and there is no initial or correction at that even crucial. From the investigation showing examination of nine witnesses already, no where show any collection of the age proof from such mentioning initially of eighteen and correcting as seventeen years of the alleged victim, that goes to the very root of the case as to the application of POCSO Act or not. So far as the alleged occurrence mainly saying A2-Pittala Ramana taken the victim girl to the bank at Manuguru, as assistance for her bank work, and after completion of the bank work taken her to movie 'BARTH ANE NENU' and after completion of the movie and after purchase of fruits and vegetables, while they were coming in the way, the petitioner-A1 was called by A2-Pittala Ramana saying as it is the sunset difficult for them to go and he can drop and in the way while proceeding, A2 allegedly stated the victim girl to sit in the middle of the bike for she was sitting next to her as both pillion riders of the two wheeler. It is by saying after Janampet village and on the way to Bhupathi Rao Peta (ST) colony A1 is driving two wheeler into the Eucalyptus plantation through the cattle road for about 200 metres and they got down and A1 put his hands on her shoulder and kissed her and removed her chunny and when he caught hold of her, she wriggled out to prevent the sexual intercourse on her. The F.I.R. further reads it is a plan of the petitioner-A1 and that A2-Pittala Ramana to commit the alleged act and she ran into the fields inside. They searched through the cell torch light and later she went to her house.