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IN THE COURT OF THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACTCUMI
ADDITIONAL SESSIONS JUDGE, ADILABAD.
Present : Smt. Aruna Sarika, Prl.Dist. & Sessions Judge, Adilabad. FAC: Spl.Judge for trial of cases under Protection of Children from Sexual Offences Act-cum-I Addl.Sessions
Judge, Adilabad.
Thursday, this the 15th day of March 2018
SPL.S.C.NO.71 of 2016
Nameofthe:State of Telangana through Circle Inspector of ComplainantPolice, Mandamarri. Name of the Accused:1. Chirrakunta Mahender, S/o Laxmaiah, Age:25 years, Caste:Nethakani, Occ:Auto driver, R/o Pallamguda (v) of Kasipet(M).
2. Atkapuram Vijay Kumar @ Vijay, S/o Shanker, Age:20 years, Caste:Madiga, Occ:Degree 2nd year student, R/o Pallamguda
(v) of Kasipet(M).
3. Thallapalli Santhosh, S/o Kistaiah, Age:25 years, Caste:Kummari, Occ:Auto Driver, R/o Pallamguda (v) of Kasipet(M)
4. Chirrakunta Laxmaiah @ Lachanna, S/o Narayana, Age:50 years, Caste:Nethakani, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
5. Nethula Prashanth, S/o Sathaiah, Age:50 years, Caste:Chakali, R/o Pallamguda (v) of Kasipet(M)
6. Dussa Chandu, S/o Ramaiah, Age:39 years, Caste:Padmashali, Occ:Agriculture, R/o Pallamguda (v) of Kasipet(M)
7. Rangu Laxmaiah, S/o Shankaraiah, Age:60 years, Caste:Padmashali, Occ:Agriculture, R/o Pallamguda (v) of Kasipet(M)
8. Boddula Raja Babu, S/o Shankaraiah, Age:36 years, Caste:Padmashali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M)
9. Kurapati Muthaiah, S/o Nagaiah, Age:63 years, Caste:Padmashali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M)
10. Arepalli Bapu, S/o Venkati, Age:42 years, Caste:Kummari, Occ:Coolie, R/o Pallamguda
(v) of Kasipet(M)
11. Thallapalli Bapu, S/o Bheemaiah, Age:60 years, Caste:Kummari, Occ:Agriculture, R/o Pallamguda (v) of Kasipet(M).
12. Vennampalli Prabhakar, S/o Mallaiah, Age:65 years, Caste:Gandla, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
13. Pathipaka Srinivas, S/o Bheemaiah,
Spl.Sc.No.71 of 2016 Page 2 of 27
Age:36 years, Caste:Padmashali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
14. Thanduri Mahender, S/o Chandraiah, Age:34 years, Caste:Kummari, Occ:Caste Profession, R/o Pallamguda (v) of Kasipet(M).
15. Sangam Suresh, S/o Bapu, Age:34 years, Caste:Kummari, Occ:Coolie, R/o Pallamguda
(v) of Kasipet(M).
16. Vennampalli Shanker, S/o Prabhakar, Age:34 years, Caste:Gandla, Occ:Auto driver, R/o Pallamguda (v) of Kasipet(M).
17. Gudisela Ramulu, S/o Chinnaiah, Age:35 years, Caste:Madiga, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
18. Chindam Raja Babu, S/o Poshamallu, Age:37 years, Caste:Padmashali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
19. Nethula Sridhar, S/o Sathaiah, Age:25 years, Caste:Chakali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
20. Thallapalli Ranjith, S/o Narayana, Age:28 years, Caste:Kummari, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
21. Thallapalli Swamy @ Bhumaiah, S/o Kistaiah, Age:33 years, Caste:Kummari, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
22. Rangu Ramesh, S/o Laxmaiah, Age:40 years, Caste:Padmashali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
23. Dussa Srinivas, S/o Ramaiah, Age:45 years, Caste:Padmashali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
24. Nethula Sathaiah, S/o Mallaiah, Age:55 years, Caste:Chakali, Occ:Coolie, R/o Pallamguda (v) of Kasipet(M).
25. Konda Raj Kumar, S/o Chandraiah, Age:25 years,Caste:Goud,Occ:Coolie,R/o Pallamguda (v) of Kasipet(M). Offence under section:376(2), 506, 201 IPC, Sec.6 of POCSO Act against A1 to A5 and U/sec.201 r/w 34 IPC against A6 to A25. Plea of the accused:Not Guilty Finding:Not Guilty Sentence or Order:In the result, the accused No.1, 3 and 4 are found not guilty for the offences punishable U/sec.376(2)(i)(n) IPC, Accused Nos.2 and 5 are found not guilty for the offence punishable U/sec.376(2)(i) IPC, Accused Nos.1 to 5 are found not guilty for the offence punishable U/sec.506 IPC, Accused Nos.1, 3 and 5 are found not guilty for the offence punishable U/sec.5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012, Accused Nos.2 and 4 are found not guilty for the offence punishable U/sec.5 r/w 6 of Protection of Children from Sexual
Spl.Sc.No.71 of 2016 Page 3 of 27
Offences Act, 2012 and Accused Nos.1 to 25 are found not guilty for the offence punishable U/sec.201 r/w 34 IPC and they are accordingly acquitted under Section 235(1) Cr.P.C. The bail bonds of accused Nos.1 to 25 shall stand cancelled. The unmarked case property if any, shall be destroyed after expiry of appeal time. Name of the counsel for:Sri.M.Ramana Reddy, Addl. Public Prosecutor prosecution Name of the counsel for:Sri.K.Ajay Kumar, Advocate Defence
This case is coming on 05.03.2018 before me for final hearing in the presence of Sri.M.Ramana Reddy, Additional Public Prosecutor for the State and of Sri.K.Ajay Kumar, Advocate for the accused and on hearing both sides the matter having stood over for consideration till this day, this court made the following:
J U D G M E N T
1.The Circle Inspector of Police, Mandamarri filed charge sheet against the accused Nos.1 to 5 for the offence punishable
U/sec.376(2), 506, 201 r/w 34 IPC, Sec.6 of POCSO Act, 2012 and against the accused Nos.6 to 25 for the offence punishable U/sec.201 r/w 34 IPC in Cr.No.37/2016 of PS Devapur.
2. The brief contents of the charge sheet are as follows: “On 05.05.2016 at 5.30 hours the complainant/victim girl who was studying 9th class, R/o. Pallamguda village came to P.S. and lodged a
Telugu written complaint stating that, she has been studying in 9th class in ZPSS, Kasipet. She used to go to school in an auto and sometimes by walk. Since January 2015 i.e., at the time of Sankranthi festival she has gone to school in the auto of one Chirrakunta
Mahender of her village, at that time the said Mahender threatened her with dire consequences to do according to his wish. While going back to her house from school in the auto of Mahender, he took his auto into bushes at the outskirts of village, threatened her, removed her clothes and committed rape on her and he also threatened her
Spl.Sc.No.71 of 2016 Page 4 of 27 with dire consequences not to reveal about the said incident to her parents and then descended her at her house. He also threatened her to kill her parents if she did not come in his auto to school every day, due to which she used to go to school in his auto, in the meantime in the period of two to three months said Mahender has committed rape on her for three to four times. Later, she went to school by walk. After two months while she was alone one Atkapuram vijay of her village came to her, blackmailed and threatened her that, he will inform to her parents about sexual intercourse of her with
Mahender if she did not participate in sexual intercourse with him, due to fear, she went nearby school, then Vijay threatened and committed rape on her. After two to three months while the
Moharram festival was going on, when she was going to shop, one
Thallapalli Santhosh of her village, who was fully in drunken state, closed her mouth and forcibly took her in to backyard of an abandoned house and committed rape on her and on hearing noise of arrival of somebody, he fled away from there by leaving her. Later, she return back to her house but due to fear she did not inform about the incident in her house. Again, when her mother went to another village, in the absence of her father, said Santhosh sexually exploited her two times. Later, while she was going to attend nature calls, one
Lachanna of her village came to her, blackmailed and threatened her that, he will inform to everybody in the village about sexual intercourse with Mahender, Santhosh and Vijay, if she does not participate in sexual intercourse with him and he committed rape on her. Later also said Lachanna committed rape on her two to three times. After two months, while she was alone in her house one
Prashanth of her village came in to her house and he also
Spl.Sc.No.71 of 2016 Page 5 of 27 blackmailed and threatened her that, he will inform to everybody in the village about sexual intercourse with Mahender and Vijay if she does not participate in sexual intercourse with him and he also committed rape on her by closing her mouth. On 01.05.2016 her mother observed her pregnant stomach and took her to private hospital at Mancherial and got examined her. After examination it was said that she is carrying (7) months pregnancy. On enquiry she revealed to her mother about entire incidents and names of persons responsible for her pregnancy. On 02.05.2016 her mother went to village Sarpanch by name Dussa Chandu and narrated about the incident. In turn he called Mahender, Vijay, Santosh, Prashanth and
Lachanna and enquired, then they confessed about their guilt. On 03.05.2016 said Sarpanch Chandu arranged a panchayath in the village with the village elders by name Laxmaiah, Raja babu, Kurapati
Muthaiah, Arepalli Bapu, Bapu, Prabhakar, Srinivas, Mahender,
Suresh, Ramulu, Shanker, Sridhar, Raja babu, Swamy, Ranjith,
Srinivas, Ramesh, Raj Kumar and Sathaiah. In that panchayath said
Mahender, Vijay, Santhosh, Prashanth and Lachanna have confessed their guilt and all panchayath elders persuaded them to pay each
Rs.50,000/- to the victim as compensation. Accordingly they all i.e.
A1 to A5 accepted to pay Rs.50,000/- each to the victim as compensation. Accordingly they all i.e. A1 to A5 accepted to pay to victim by executing a paper, later they denied to pay said amount to her. Hence, she requested for taking necessary action. On receipt of the said complaint the LW18/SI of police had registered a case in
Cr.No.37/2016, U/sec.376(2),506,201 r/w 34 IPC and Sec.6 of
Protection of children from sexual offences Act.2012 and issued express FIRs to all concerned officers and informed the case facts to
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LW19/Inspector of police, since the case facts are grave in nature.
Subsequently, the LW19/Inspector of police rushed to Devapur P.S and took up further investigation of this case, verified the investigation done by the LW18/SI of police and found it on correct lines. He issued a memo vide C.No.377/Q/2016, dt.05.05.2016 to
LW10/WHC.832 with instructions to examine and record the statement of LW1/victim as per the provisions of POCSO Act, 2012.
Accordingly, LW10/WHC.832 has visited the PS Devapur, examined and recorded the statement of victim under video graph through
LW9/videographer. He has examined and recorded the statements of
LWS-2,3,9 & 10 namely Y.Komurakka, Y.Srinivas, D.Ramesh and
E.Rajitha/WHC.832 and also collected agreement paper dt.03.05.2016 from the LW2/Y.Komurakka in which the A6 to A25 have made an agreement to pay each Rs.50,000/- by accused No.1 to 5 in total Rs.2,50,000/- to the victim. Later, he referred the victim to the Lady Medical Officer, Govt.Hospital, Mancherial i.e. LW-14 for examination and report under the escort of WHG 925 of Devapur PS.
Accordingly the LW14/Dr.Neeraja has examined the victim, preserved material objects for onward transmission to FSL for analysis. He has served a notice U/sec.91 Cr.PC. to the LW11/B.Ravi, School Assistant with a request to furnish date of birth certificate of victim.
Accordingly, LW11/B.Ravi, School Assistant has furnished date of birth certificate of LW1/victim, in which he mentioned the date of birth of victim as 04.05.2001. As such the age of victim is 15 years.
Later, he visited the scene situated at the house of victim at 1700 hours on the same day i.e., on 05.05.2016 along with victim and
LW2/Y.Komurakka, observed the scene minutely, secured the presence of two mediators i.e., LWs-12 & 13, incorporated the scene
Spl.Sc.No.71 of 2016 Page 7 of 27 details in CDF and drew rough sketch of scene. He examined and recorded the statements of LWs-5 to 8 namely B.Venkatesh, Rangu
Sathish, Ch.Lingaiah and R.Vijay Sagar. On 07.05.2016 on receipt of reliable information about the presence of accused, he along with men rushed to Pallamguda village and apprehended the A1 to A5, A7 to A11, A13 to A15, A17 to 23 and A25 at 0830 hours nearby primary school and interrogated. On interrogation they all voluntarily confessed to have committed this offence. During the interrogation, the accused No.3 revealed that, on 24.10.2015 while he was forcibly taking away the victim to commit rape, the LW4/M.Swamy, A22 and
A23 witnessed the incident. Later, he brought the accused persons to
P.S.Devapur at 1230 hours and effected their arrest after completing all legal formalities. He referred the A1 to A5, A7 to A11, A13 to A15,
A17 to A23 and A25 to the Govt. hospital, Bellampalli for their medical checkup and also for potency test of A1 to A5, where the
Medical officer i.e., LW15 has conducted potency test of A1 to A5 and issued reports stating that, there is nothing to suggest that the A1 to
A5 are not capable of performing sexual act. Later, all these accused were produced before the concerned court for remand. On 10.05.2016 on receipt of reliable information about absconding accused persons, he along with men rushed to Pallamguda village and apprehended the A6/Dussa Chandu, A12/Vennampalli Prabhakar,
A16/Vennampalli Shanker and A24/Nethula Sathaiah at 1000 hours and interrogated them. On interrogation the they all voluntarily confessed to have committed this offence. Then he brought the accused to P.S. Devapur at 1100 hours and effected their arrest after completing all legal formalities. He also referred all these accused to the Govt. hospital, Mancherial for their medical checkup and
Spl.Sc.No.71 of 2016 Page 8 of 27 necessary reports, where the Medical officer has examined them and issued medical checkup reports. Later, all these accused were got produced before the concerned Magistrate court for their remand. He examined and recorded the statement of LW4/M.Swamy. He filed a requisition before the LW17/Prl.Judicial Magistrate of First Class,
Asifabad to record the statements of LWs 1 & 2 i.e. victim and her mother U/sec.164 Cr.P.C and accordingly she has recorded their statements. Later he obtained certified copies of the said statements. LW14/Lady medical officer who examined the victim, issued examination report and preserved the pubic hair, vaginal and perineal swabs of victim for chemical analysis and report. Then he forwarded the said material objects to FSL, Hyderabad for analysis and report. Accordingly, LW16/Asst. Director, FSL, Hyderabad analyzed the above material objects and issued report stating that,
Semen and spermatozoa are not detected on items Nos.1,2 and 3.
Blood and foreign hair are not found in item No.1. Basing on the
RFSL report the LW14/Dr.Neeraja, Lady Medical Officer has issued final opinion and opined that, “Semen and spermatozoa are not detected on vaginal swabs and perineal swabs. PV Hymen is not intact. However sexual intercourse cannot be ruled out. The victim is pregnant of 6 months duration.” From the investigation done and evidence collected, it is clearly established that, all the accused and victim are hails from same village i.e., Pallamguda village of Kasipet
Mandal. The LWs 2 and 3 namely Y.Komurakka and Y.Srinivas are the parents of victim. The victim has completed 9th class in ZPSS,
Kasipet in the year 2015-2016 and she used to go to school in auto and sometimes by walk with other students. Since January, 2015 i.e., from Sankranthi festival she has gone to school in the auto of A1
Spl.Sc.No.71 of 2016 Page 9 of 27 for few days and at that time Accused No.1 threatened her with dire consequences to do according to his wish. While going back to her house from school in the auto of A1, he took his auto into bushes at the outskirts of Pallamguda village, threatened her, removed her clothes and committed rape on her and also threatened her with dire consequences not to reveal about the incident to her parents and descended her at her house. A1 also threatened her to kill her parents if she do not come in his auto to school, due to which she used to go to school in his auto, taking this advantage the A1 committed rape on the victim for three to four times in the period of two to three months. Later, the she stopped going to school in the auto of A1. After one month again the A1 threatened the LW1 with dire consequences to kill her and her parents if she do not go to his friend/A2 to participate in sexual intercourse. Accordingly, due to fear the victim went to school nearby her house, where A2 threatened her with dire consequences and committed rape on her, due to fear she did not disclose the same to anybody. While the
Muharram festival was going on in the village i.e., on 24.10.2015, when the victim was going to shop, A3 who was in fully drunken state came to her and threatened her by saying that, he knows about the sexual intercourse of her previously with A1 and A2 and he will disclose the same to everybody, closed her mouth and forcibly took her into backyard of an abandoned house, at that time
LW4/M.Swamy, A22 and A23 witnessed the same. Later, the victim returned back to her house, due to fear she did not inform about the incident to anybody. Later also the A3 committed rape on LW1 for two times while she was alone in her house. After some days, while the victim was going to attend nature calls, A4 went to her,
Spl.Sc.No.71 of 2016 Page 10 of 27 blackmailed and threatened her that, he will inform to everybody in the village about her sexual intercourse with A2 and A3, if she do not participate in sexual intercourse with him and A4 also committed rape on her. Later also A4 committed rape on victim for two or three times. After two months, while the victim was alone in her house A5 went into her house, blackmailed and threatened her that he will inform to everybody in the village about her sexual intercourse with
A1 and A2, if she does not participate in sexual intercourse with him and he also committed rape on her. On 01.05.2016, the mother of victim/LW2 observed the stomach of victim and took her to private hospital at Mancherial and got examined her. After examination, her mother came to know that, the victim was carrying (7) months pregnancy. The LW2/Y.Komurakka caused enquiry with the victim, then she revealed her mother about entire incidents and names of
A1 to A5 who are responsible for her pregnancy. On 02.05.2016 the victim's mother/LW2 went to village Sarpanch i.e., A6 and narrated about the incident and requested for justice. In turn the A6 called A1 to A5 and enquired with them, then A1 to A5 confessed about their guilt. On 03.05.2016 the A6 arranged a panchayath in the village with the village elders i.e., A7 to A25 and in that panchayath A1 to
A5 confessed their guilt of offence. While A6 to A25 with an intention to screen the evidence, persuaded A1 to A5 to pay Rs. 50,000/- each in total Rs.2,50,000/- to the victim by executing an agreement paper by putting their signatures and gave the same to the mother of victim/LW2, but A1 to A5 denied to pay said amount to the victim.
Thus, A1 to A5 have committed an offence liable for punishment
U/Sec.376(2), 506, 201 r/w 34 IPC, Sec.6 of Protection of Children
Spl.Sc.No.71 of 2016 Page 11 of 27 from Sexual Offences Act-2012, whereas the A6 to A25 have committed an offence liable for punishment U/Sec.201 r/w 34 IPC.
3. This court has taken cognizance of the offence
U/Sec.376(2), 506, 201 r/w 34 IPC and Sec.6 of POCSO Act, 2012 against A1 to A5 and for the offence U/sec.201 r/w 34 IPC against A4 to A25. All the accused are on bail. On their presence, copies of documents were furnished to them as required under Section 207
Cr.P.C.
4. After hearing both sides and on perusal of the record, charges U/sec.376(2)(i)(n) IPC against A1, A3 and A4, U/sec.376(2)(i)
IPC against A2 and A5, U/sec.506 IPC against A1 to A5, U/sec.5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012 against
A1, A3 and A5, U/sec.5 r/w 6 of Protection of Children from Sexual
Offences Act, 2012 against A2 and A4 and U/sec.201 r/w 34 IPC against A1 to A25 were framed against them, read over and explained to them in Vernacular language for which they pleaded not guilty and claimed to be tried.
5.In order to bring home the guilt of the accused No.1 to 25 the prosecution examined PWs 1 to 14 and marked Exs.P1 to P21. The prosecution had given up the examination of LWs 14 to 17 and 19 namely Dr.Neeraja, Dr.Muzeeb, K.Arun Jyothi, Asst.Director, FSL
Hyderabad, Smt.N.Hemalatha, Prl. Judicial Magistrate of First class
Magistrate, Asifabad and P.Sadaiah, CI of police, Mandamarri. The
learned Additional Public Prosecutor reported the prosecution side evidence as closed.
Spl.Sc.No.71 of 2016 Page 12 of 27
6.After completion of prosecution evidence, the accused No.1 to 25 were examined U/sec.313 Cr.P.C. with regard to the incriminating material and circumstances appearing against them but they denied the same and reported no evidence on their respective behalf. Thus, no oral and documentary evidence adduced on behalf of defence.
7.Heard the arguments of both the sides.
8. Now the points that arise for determination are:
1.Whether the prosecution could bring home the guilt of the accused No.1, 3 and 4 for the charge framed against them for the offence punishable under Section 376(2)(i)(n) IPC beyond all or any reasonable doubt?
2.Whether the prosecution could bring home the guilt of the accused No.2 and 5 for the charge framed against them for the offence punishable under Section 376(2)(i) IPC beyond all or any reasonable doubt?
3.Whether the prosecution could bring home the guilt of the accused No.1 to A5 for the charge framed against them for the offence punishable under Section 506 IPC beyond all or any reasonable doubt?
4.Whether the prosecution could bring home the guilt of the accused No.1, 3 and 5 for the charge framed against them for the offence punishable under Section 5(l) r/w 6 of POCSO Act, 2012 beyond all or any reasonable doubt?
5.Whether the prosecution could bring home the guilt of the accused No.2 and 4 for the charge framed against them for the offence punishable under Section 5 r/w 6 of POCSO Act, 2012 beyond all or any reasonable doubt?
6.Whether the prosecution could bring home the guilt of the accused No.1 to 25 for the charge framed against them for the offence punishable under Section 201 r/w 34 IPC beyond all or any reasonable doubt?
7.To what order?
Spl.Sc.No.71 of 2016 Page 13 of 27
9. POINTS NO.1 TO 6:
a) PW1 is the defacto complainant and victim. PWs 2 and 3 are mother and father of the victim. PW4 is arrayed as eye witness.
PWs 5 to 8 are village elders and arrayed as circumstantial witnesses for rape and eye witness to the panchayat held by A6 to A25. PW9 is the videographer. PW10 is the woman police officer who examined and recorded the statement of victim. PW11 is the headmaster who issued age certificate of victim. PWs 12 and 13 are the panch witnesses for CDF panchanama. PW14 is the first investigating officer who issued FIR.
b) The specific case of the prosecution is that, all the accused and victim hails from same village i.e., Pallamguda village of Kasipet Mandal. The LWs 2 and 3 namely Y.Komurakka and
Y.Srinivas are the parents of victim. The victim has completed 9th class in ZPSS, Kasipet in the year 2015-2016 and she used to go to school in auto and sometimes by walk with other students. Since
January, 2015 i.e., from Sankranthi festival she has gone to school in the auto of A1 for few days and at that time Accused No.1 threatened her with dire consequences to do according to his wish. While going back to her house from school in the auto of A1, he took his auto into bushes at the outskirts of Pallamguda village, threatened her, removed her clothes and committed rape on her and also threatened her with dire consequences not to reveal about the incident to her parents and descended her at her house. A1 also threatened her to kill her parents if she do not come in his auto to school, due to which she used to go to school in his auto, taking this as advantage the A1 committed rape on the victim for three to four times in the period of
Spl.Sc.No.71 of 2016 Page 14 of 27 two to three months. Later, the she stopped going to school in the auto of A1. After one month again the A1 threatened the LW1 with dire consequences to kill her and her parents if she do not go to his friend/A2 to participate in sexual intercourse. Accordingly, due to fear the victim went to school nearby her house, where A2 threatened her with dire consequences and committed rape on her, due to fear she did not disclose the same to anybody. While the
Muharram festival was going on in the village i.e., on 24.10.2015, when the victim was going to shop, A3 who was in fully drunken state came to her and threatened her by saying that, he knows about the sexual intercourse of her previously with A1 and A2 and he will disclose the same to everybody, closed her mouth and forcibly took her into backyard of an abandoned house, at that time
LW4/M.Swamy, A22 and A23 witnessed the same. Later, the victim returned back to her house, due to fear she did not inform about the incident to anybody. Later also the A3 committed rape on LW1 for two times while she was alone in her house. After some days, while the victim was going to attend nature calls, A4 went to her, blackmailed and threatened her that, he will inform to everybody in the village about her sexual intercourse with A2 and A3, if she do not participate in sexual intercourse with him and A4 also committed rape on her. Later also A4 committed rape on victim for two to three times. After two months, while the victim was alone in her house A5 went into her house, blackmailed and threatened her that he will inform to everybody in the village about her sexual intercourse with
A1 and A2, if she does not participate in sexual intercourse with him and he also committed rape on her. On 01.05.2016, the mother of victim/LW2 observed the stomach of victim and took her to private
Spl.Sc.No.71 of 2016 Page 15 of 27 hospital at Mancherial and got examined her. After examination, her mother came to know that, the victim was carrying (7) months pregnancy. The LW2/Y.Komurakka caused enquiry with the victim, then she revealed her mother about entire incidents and names of
A1 to A5 who are responsible for her pregnancy. On 02.05.2016 the victim's mother/LW2 went to village Sarpanch i.e., A6 and narrated about the incident and requested for justice. In turn the A6 called A1 to A5 and enquired with them, then A1 to A5 confessed about their guilt. On 03.05.2016 the A6 arranged a panchayath in the village with the village elders i.e., A7 to A25 and in that panchayath A1 to
A5 confessed their guilt of offence. While A6 to A25 with an intention to screen the evidence, persuaded A1 to A5 to pay Rs. 50,000/- each in total Rs.2,50,000/- to the victim by executing an agreement paper by putting their signatures and gave the same to the mother of victim/LW2, but A1 to A5 denied to pay said amount to the victim.
Thus, A1 to A5 have committed an offence liable for punishment
U/Sec.376(2), 506, 201 r/w 34 IPC, Sec.6 of Protection of Children from Sexual Offences Act-2012, whereas the A6 to A25 have committed an offence liable for punishment U/Sec.201 r/w 34 IPC.
c)Coming to the evidence of prosecution, the defacto complainant and victim was examined as PW1. She turned hostile to the prosecution case and deposed that she knows all the accused who belong to her village. She stated that she never filed any complaint before the police. However, she stated that one year back to the date of her deposition which was on 14.06.2017, police examined her and recorded her statement. She stated that Police,
Devapur enquired her whether she was pregnant or not and she
Spl.Sc.No.71 of 2016 Page 16 of 27 stated to them that she is not pregnant. She further deposed that thereafter, the Police took her to the Court at Asifabad and there the
Magistrate recorded her statement and she stated before the
Magistrate as tutored by Police. She further deposed that the police
took her to Government Hospital, Mancherial and there a lady doctor examined her and she informed her that she is healthy and nothing is there to treat. She further deposed that she used to put her signature in Telugu as and when required. As she identified the signature on complaint shown to her as of her signature, the same was marked as Ex.P1. After deposing so, the witness volunteered that when the police enquired her, they got her signatures on written papers but she does not know the contents of them. She stated that
Police, Devapur themselves came to her house and obtained her signatures. As she turned hostile to the prosecution case, the learned
Additional Public Prosecutor with the permission of the court cross
examined her but failed to elicit that she stated before police as in her Sec.161 Cr.P.C. statement i.e. nothing but the case of the prosecution. The said 161 Cr.P.C. statement of victim was marked as
Ex.P2. She further denied the suggestions to the effect that the doctor who examined her confirmed that she is carrying pregnancy of 7 months and thereafter she gave birth to a male child and that now she is deposing false that nothing was happened to her in the hands of accused No.1 to 5 and that there was no involvement of accused no.6 to 25 as she settled with accused No.1 to 25 by taking money from them.
d)Yedugula Komurakka, W/o Srinivas and Yedugula Srinivas,
S/o Rajaiah who are the parents of victim were examined as PWs 2
Spl.Sc.No.71 of 2016 Page 17 of 27 and 3 respectively. They both deposed that they know all the accused who belong to their village and they both specifically deposed that nothing was happened to their daughter and she did not disclose anything to them and that PW1 never lodged complaint with police Devapur. They further stated that they do not know anything about this case and police never examined and recorded their statements. As per them, their daughter PW1 studied upto 9th class at ZPHS, Kasipet in 2016. In addition to it, PW2 further deposed that the police took her to the court at Asifabad and there, the
Magistrate recorded their statements. As they both resiled to their
respective 161 Cr.P.C. statements, the learned Additional Public
Prosecutor with the permission of the court cross examined them separately and in their respective cross examinations, he failed to elicit that they have stated before the police as in their respective 161 Cr.P.C. statements which were marked as Ex.P3 and P4 respectively. The contents of 161 Cr.P.C. statements of PWs 2 and 3 is nothing but the pleaded case of prosecution. They both also denied that PW1 gave birth to a male child and that now they are deposing false that nothing was happened to PW1 in the hands of
Accused No.1 to 5 and that there was no involvement of accused
No.6 to 25 as they settled with accused No.1 to 25 by taking money from them.
e)Madishetti Swamy, S/o Kistaiah, who is arrayed as eye witness was examined as PW4 and he also turned hostile to the prosecution case by deposing that he knows PWs 1 to 3, 5 to 8 and also all the accused as they belong to his village but he specifically stated that he do not know anything about this case and police never
Spl.Sc.No.71 of 2016 Page 18 of 27 examined and recorded his statement. As he resiled from his 161
Cr.P.C. statement, the learned Additional Public Prosecutor with the permission of the court cross examined him and in his cross examination, he failed to elicit that during the Moharram festival in the year 2016 at night hours the accused No.3/Santosh in drunken condition came to the PW1, while she was going to Kirana shop and forcefully lifted her by closing her mouth and took her in to an abandoned house, then he along with LW6/R.Satish and one
D.Srinivas enquired with accused No.5 and he answered recklessly, then they kept silent due to fear of him as he was under influence of alcohol.
f)Boddula Venkatesh, S/o Shankaraiah, Rangu Satish, S/o
Laxmaiah, Ch.Lingaiah, S/o Mallaiah and R.Vijay Sagar, S/o Venkati who were arrayed as village elders and circumstantial witness for rape, eye witness to panchayat held by A6 to A25 to screen the evidence were examined as PWs 5 to 8 respective but all of them turned hostile to the prosecution case by deposing that they all know each other and also all the accused as they belong to their village and they do not know anything about this case. As they turned hostile to the prosecution case, the learned Additional Public
Prosecutor with the permission of the court cross examined them but failed to elicit that they have stated before the police as in their respective 161 Cr.P.C. statements which were marked as Ex.P6 to P9 respectively.
g)Dasari Ramesh, S/o Parwathalu who is videographer and said to videographed the recording of 161 Cr.P.C. statement of victim
Spl.Sc.No.71 of 2016 Page 19 of 27 recorded by PW10, was examined as PW9. He deposed that one year back on one day Police, Devapur called him to Mandamarri Circle office to record the Videography and accordingly, he went there and recorded the videography of one girl, who lodged a complaint, while examining and recording her statement by PW10. Thereafter, he converted the said video into DVD and handed over the same to
Police. The said DVD was marked as Ex.P10. In his cross examination made on behalf of A1 to A25, he deposed that he regularly go to
Police Station, Mandamarri to record the videos and take the photographs in several criminal cases. However, he stated that he can not say the name and particulars of the girl, whose statement was recorded in his presence. The rest of the cross examination of
PW9 is nothing but suggestion to the effect that in this particular case he has not recorded the statement of the victim and that he did not hand over any DVD to the Police and he denied the same as not true.
h)E.Rajitha, W/o Srinivas who is said to have recorded the statement of PW1 under video coverage was examined as PW10 and she in favour of prosecution case deposed that while she was working as head constable at PS Mandamarri, on 05.05.2016 at noon hours LW19/CI of Police, Mandamarri called her to Circle Office, to record the statement of Victim and accordingly, she went there and recorded the statement of Victim girl/PW1 under videography with the help of PW9 and thereafter, she handed over the statement of
Victim girl/PW1 to LW19/CI of Police, Mandamarri. The cross examination of PW10 is nothing but suggestion to the effect that she has not recorded the statement of Victim/PW1 under cover of video-
Spl.Sc.No.71 of 2016 Page 20 of 27 graph and that she is deposing false at the instance of LW19/CI of police and she denied the same as not true.
i)B.Ravi, S/o Poshamallu, the then headmaster of ZPSS,
Kasipet who issued the age certificate of victim was examined as
PW11. He deposed that on 05.05.2016, when he was in-charge Head
Master of ZPSS, Kasipet, he received requisition from Police with a request to issue date of birth particulars of PW1 and accordingly, he issued her Bonafide certificate including date of birth and as per their school records, the date of birth of PW1 is 04.05.2001. The Bonafide certificate showing the date of birth of PW1 issued by him was marked as Ex.P11. The cross examination of PW11 is nothing but suggestion to the effect that he has issued Ex.P11 at the instance of
Police without verifying the school records and he denied the same as not true.
j)J.Sravan, S/o Srinivas and Dussa Shyamsunder, S/o
Hanmaiah, who were arrayed as panch witnesses for CDF were examined as PWs 12 and 13 respectively but they both turned hostile to the prosecution case by deposing that they know each other. At about 7 months back, police Devapur called them to Mandamarri circle office and obtained their signatures on printed papers and they enquired with their particulars and noted down. When the learned
additional Public Prosecutor shown their signatures on CDF
panchanama to them for confrontation, they both denied their respective signatures as of them. As they both turned hostile, the learned Additional Public Prosecutor with the permission of the court cross examined them but could not elicit that on 05.05.2016 at
Spl.Sc.No.71 of 2016 Page 21 of 27 05.00 pm., Police, Devapur called them to the outskirts of
Pallamguda village to act as panchas for CDF panchanama and accordingly they both went there and that they observed the scene of offence where the victim was raped and that the Police conducted and prepared CDF panchanama of scene of offence including rough sketch in their presence, read over and explained the contents of it to them and that they both put their signatures on it. However,
PW11 admitted that his signature on CDF panchanama including rough sketch shown to him might be belonging to him.
k)K.Swamy, S/o Rajaiah, the then SI of police Devapur and the first investigating officer registered the case and issued FIR was examined as PW14. He deposed that on 05.05.2016 at 03.30 pm., he received a complaint from PW1 and basing on it he registered a case in Cr.No.37/2016 for the offences punishable U/Sec.376 (2), 506, 201 r/w 34 IPC and Sec. 6 of POCSO Act and issued FIR. I forwarded the original FIR to the concerned Magistrate Court and copies of it to his superior officers. The complaint lodged by PW1 was marked as
Ex.P12 and the FIR was marked as Ex.P13. He further deposed that as the offence involved is grave in nature he handed over the CD file to LW19/P. Sadaiah, the then CI of Police, Mandamarri and he can identify the signature of CI of Police as he worked under him and as per the record the LW19 got recorded the statement of Victim through PW10 under the videography with the help of PW9 and he also examined and recorded the statements of PW2, PW3, PW9 and
PW10 and referred the victim/PW1 to the Government Hospital,
Mancherial and LW14/Dr. Neeraja examined the victim, preserved the viscera and issued clinical examination report and after receipt of the
Spl.Sc.No.71 of 2016 Page 22 of 27
FSL report she issued final opinion. He further stated that LW19/CI of police also issued requisition to PW11 with a request to issued date of birth particulars of PW1 and accordingly he issued Ex.P11 and he examined and recorded the statement of PW11 and later he visited the scene of offence situated at the house of PW1 on 05.05.2016 at 05.00 pm and secured the presence of PW12 and PW13 and conducted CDF panchanama and drew rough sketch of scene of offence in their presence, read over and explained the contents of it to them and knowing the same they put their signatures on it. He further stated that LW19/CI of police examined and recorded the statements of PW5 to PW8. On 07.05.2016 on reliable information the LW19/CI of police along with his men went to Pallamguda village and apprehended the accused No.1 to 5, 7 to 11, 13 to 15, 17 to 23 and 25, on interrogation they all confessed their guilt of commission of this offence and then he brought all the said accused to Police
Station, Devapur and after completing all legal formalities effected their arrest and got produced them before concerned Magistrate court for their remand. He further stated that prior to sending them to Court, LW19/CI of police sent a requisition to LW15/Dr. Mujeeb along with accused No.1 to 5 with a request to conduct potency test on them and accordingly LW15/Doctor conducted Potency test on them and issued reports separately. The Potency test reports of accused No.1 to 5 were marked as Ex.P14 to P18 respectively. He further stated that on 10.05.2016 again LW19/CI of police went to
Pallamguda village and apprehended accused No.6, 12, 16 and 24, on interrogation they all confessed their guilt of commission of this offence and then he brought all the said accused to Police Station,
Devapur and after completing all legal formalities effected their
Spl.Sc.No.71 of 2016 Page 23 of 27 arrest and got produced them before concerned Magistrate court for their remand. He further stated that LW19/CI of police examined and recorded the statement of PW4 and filed requisition before
LW17/Smt. N. Hemalatha, Prl. Judicial Magistrate of First Class,
Asifabad with a request to record the statement of PW1 and PW2
U/Sec.164 Cr.P.C and accordingly she recorded their statements. He further stated that LW19/CI of police obtained certified copies of said statements and filed before this court and after receipt of FSL report from FSL, Hyderabad, he collected the medical examination report and final opinion from LW14. The clinical examination report of PW1,
FSL report and final opinion issued by LW14/doctor were marked as
Ex.P19 to P21 respectively. He further stated that the PW1 to PW8 have stated before the LW19/CI of police as in their respective
Sec.161 Cr.P.C statements i.e., Ex.P2 to P9. In his cross examination
PW14 stated that PW1 to PW8 have not stated before the LW19 as in their respective Sec.161 Cr.P.C statements i.e., Ex.P2 to P9. The rest of the cross examination of PW14 is nothing but suggestions to the effect that PW1 never lodged any complaint and that he has registered a false case against the accused and that LW19 did not conduct proper investigation and filed false charge sheet against the accused No.1 to 25 and that he is deposing false and the accused are no way concerned with the alleged offence and they falsely implicated them in this case and PW14 denied all these suggestions as not true.
l)On careful perusal of the evidence adduced on behalf of prosecution it is to note that, in this case the victim and her parents, eye witness, circumstantial witnesses and the panch witnesses who
Spl.Sc.No.71 of 2016 Page 24 of 27 were examined as PWs 1 to 8, 12 and 13 turned hostile to the prosecution case by deposing that they do not know accused and so also do not know anything about this case, the victim as PW1 even stated that she never lodged complaint with police and she deposed
before the Judicial Magistrate of First Class, Asifabad who recorded
her statement U/sec.164 Cr.P.C. as tutored by police. Therefore, as the main witnesses turned hostile to the prosecution case and they not even whispered a single word against the accused and even stated that they do not know the accused, the prosecution had givenup the examination of LWs 14 to 17 and 19 namely Dr.Neeraja,
Dr.Muzeeb, K.Arun Jyothi, Asst.Director, FSL Hyderabad,
Smt.N.Hemalatha, Prl.Judicial Magistrate of First class Magistrate,
Asifabad and P.Sadaiah, CI of police, Mandamarri. The evidence of
PW9 and PW10 would only show that PW10 had recorded the statement of PW1/victim under the video-graph by PW9. The evidence of PW11 would reveal that the date of birth of victim is 04.05.2001 but when the victim herself did not support the prosecution case by stating that nothing was happened in the hands of accused, the evidence of PWs 9 to 11 cannot be taken into consideration without there being any corroboration. The evidence of PW14 shows that he acted as investigating officer who issued issued FIR and later handed over the investigation to LW19/CI of police and he deposed about the investigation done by LW19/CI of police and deposed that after completion of investigation, LW19/CI of police filed charge sheet against the accused No.1 to 5 for the offences punishable U/secs.376(2), 506, 201 r/w 34 IPC and Sec.6 of
POCSO Act and U/sec.201 r/w 34 IPC against accused No.6 to 25, but there is no evidence put forth in corroboration of evidence of PW14
Spl.Sc.No.71 of 2016 Page 25 of 27 as the material witnesses particularly the victim as PW1 and her mother and father/PWs 2 and 3 and the eye witness, circumstantial witness and panch witnesses for CDF as PWs 4 to 8 and 12 and 13 have turned hostile to the prosecution case by saying that they do not know anything about this case, therefore, in view of the detailed discussion coupled with reasons, it follows that the prosecution failed to prove that the accused No.1, 3 and 4 have committed the offence punishable U/sec.376(2)(i)(n) IPC, Accused Nos.2 and 5 have committed the offence punishable U/sec.376(2)(i) IPC, Accused Nos.1 to 5 have committed the offence punishable U/sec.506 IPC, Accused
Nos.1, 3 and have committed the offence punishable U/sec.5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012, Accused
Nos.2 and 4 have committed the offence punishable U/sec.5 r/w 6 of
Protection of Children from Sexual Offences Act, 2012 and Accused
Nos.1 to 25 have committed the offence punishable U/sec.201 r/w 34
IPC against the victim/PW1 and could not make out the case against the accused for the charged offences in view of the hostility of witnesses. Therefore, the prosecution failed to establish the guilt of the accused 1 to 25 for the charges framed against them beyond all or any reasonable doubt. Hence, the accused No.1 to 25 are entitled to be acquitted for the respective charged offences against them.
The points No.1 to 6 are answered accordingly.
10. POINT NO.7:
In the result, the accused No.1, 3 and 4 are found not guilty for the offences punishable U/sec.376(2)(i)(n) IPC, Accused
Nos.2 and 5 are found not guilty for the offence punishable
U/sec.376(2)(i) IPC, Accused Nos.1 to 5 are found not guilty for the
Spl.Sc.No.71 of 2016 Page 26 of 27 offence punishable U/sec.506 IPC, Accused Nos.1, 3 and 5 are found not guilty for the offence punishable U/sec.5(l) r/w 6 of Protection of
Children from Sexual Offences Act, 2012, Accused Nos.2 and 4 are found not guilty for the offence punishable U/sec.5 r/w 6 of Protection of Children from Sexual Offences Act, 2012 and Accused Nos.1 to 25 are found not guilty for the offence punishable U/sec.201 r/w 34 IPC and they are accordingly acquitted under Section 235(1) Cr.P.C. The bail bonds of accused Nos.1 to 25 shall stand cancelled. The unmarked case property if any, shall be destroyed after expiry of appeal time.
Dictated to the Stenographer, transcribed by her and after
correction pronounced by me in open court this the 15 th day of March 2018.
FAC: I ADDITIONAL SESSIONS JUDGE,
ADILABAD.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:FOR DEFENCE: PW1 Yedugula Naga Laxmi - None - PW2 Yedugula Komurakka PW3 Yedugula Srinivas PW4 Madishetty Swamy @ Mera Swamy PW5 Boddula Venkatesh PW6 Rangu Sathish PW7 Channavani Lingaiah PW8 Rangalla Vijay Sagar PW9 Dasari Ramesh PW10Enagandula Rajitha PW11B.Ravi PW12Jamboji Sravan PW13Dussa Shyam Sunder PW14K.Swamy, IO/SI of police
EXHIBITS MARKED
FOR PROSECUTION:FOR DEFENCE: Ex.P1Signature of PW1 on complaint-Nil- Ex.P2Sec.161 Cr.P.C. statement of PW1 Ex.P3Sec.161 Cr.P.C. statement of PW2 Ex.P4Sec.161 Cr.P.C. statement of
Spl.Sc.No.71 of 2016 Page 27 of 27
PW3 Ex.P5Sec.161 Cr.P.C. statement of PW4 Ex.P6Sec.161 Cr.P.C. statement of PW5 Ex.P7Sec.161 Cr.P.C. statement of PW6 Ex.P8Sec.161 Cr.P.C. statement of PW7 Ex.P9Sec.161 Cr.P.C. statement of PW8 Ex.P10DVD Ex.P11Bonafide certificate showing the date of birth of PW1 Ex.P12Complaint lodged by PW1 Ex.P13FIR Ex.P14Potency test report of A1 Ex.P15Potency test report of A2 Ex.P16Potency test report of A3 Ex.P17Potency test report of A4 Ex.P18Potency test report of A5 Ex.P19Clinical examinaiton report of PW1 Ex.P20FSL report Ex.P21Final opinion
MATERIAL OBJECTS MARKED
NIL -
FAC: I ADDITIONAL SESSIONS JUDGE,
ADILABAD.