Sri Boya Sreenivasulu

I Addl. District Judge

Mahabubnagar, PDJ Court Complex · Mahabubnagar · Telangana

Sri Boya Sreenivasulu, I Addl. District Judge, is posted at Mahabubnagar, PDJ Court Complex, Mahabubnagar, Telangana, India. 554 court orders on record since 2022. 20 judgments with full text available. Primarily handles EP, MVOP, SC cases.

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SC.POCSO/268/2019 Convicted

PS Jadcherla vs Yenugu Naveen Reddy

14 Aug 2023

IN THE COURT OF FAST TRACK SPECIAL SESSIONS JUDGE'S

COURT FOR EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND

POCSO ACT CASES :: MAHABUBNAGAR

FAC.IN THE COURT OF THE I ADDITIONAL DISTRICT AND

SESSIONS JUDGE, MAHABUBNAGAR

Dated, this the 14th day of August, 2023

Present:- Sri. Boya Srinivasulu, I Addl. District and Sessions Judge, FAC. The Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Mahabubnagar.

Spl. S.C. No. 268 of 2019

(Cr.No.312 of 2019 of PS. Jadcherla)

1.Name and description: The Inspector of Police, of the complainant Jadcherla P.S.

2.Name and description: Yenugu Naveen Reddy S/o. Yadi of the accusedReddy, Age 27 yrs, Caste; Reddy, Occ. Wheel alignment work in Samatha Wheel Care at LB Nagar Uppal road, Hyderabad R/o. H.No.14-67, Koheda of Hayathnagar Mandal of R.R. District.

3.Offence charged: U/Secs.363, 364, 366-A, 354(D)(1)

(i), 376(3) and 302 of IPC and Sec.5(i) r/w. Sec.6, Sec.5(l) r/w. Sec. 6 and Sec.9(l) r/w. Sec.10 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67 of Information Technology Act.

4.Plea of the accused : Pleaded not guilty.

5.Finding of the Court : Found guilty.

6.Result: Accused found guilty and convicted

Dt.14.08.20232Spl.S.C.No.268 of 2019

U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 363 of IPC, and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.500/- (Rupees five hundred only) in default of payment of fine, to suffer simple imprisonment for three months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 364 of IPC, and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.1,000/- (Rupees one thousand only) in default of payment of fine, to suffer simple imprisonment for six months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 366-A of IPC, and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.500/- (Rupees five hundred only) in default of payment offine,tosuffersimple imprisonment for six months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 354(D)(1)(i) of IPC, and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.500/- (Rupees five hundred only) in default of payment of fine, to suffer simple imprisonment for one month.

The accused is convicted U/Sec.

Dt.14.08.20233Spl.S.C.No.268 of 2019 235(2) Cr.P.C., for the offence U/Sec. 376(3) of IPC, and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay fine of Rs.1,000/- (Rupees one thousand only) in default of payment of fine, to suffer simple imprisonment for six months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 302 of IPC, and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- (Rupees one thousand only) in default of payment of fine, to suffer simple imprisonment for six months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 5(i) r/w. Sec.6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay fine of Rs.5,000/- (Rupees five thousand only) in default of payment of fine, to suffer simple imprisonment for six months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/s. 5(l) r/w. Sec.6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for a period of twenty years and to pay fine of Rs.5,000/- (Rupees five thousand only) in default of payment of fine, to suffer simple imprisonment for six months.

Dt.14.08.20234Spl.S.C.No.268 of 2019

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 9(l) r/w. Sec.10 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.1,000/- (Rupees one thousand only) in default of payment of fine, to suffer simple imprisonment for three months.

The accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 67 of Information Technology Act and sentenced to undergo a period of rigorous imprisonment for a period of one year and to pay fine of Rs.2,000/- (Rupees two thousand only) in default of payment of fine, to suffer simple imprisonment for six months.

All the substantive sentences shall run concurrently and default sentences shall run consecutively. The remand period undergone by the accused from 29.08.2019 till date shall be setoff u/s. 428 Cr.P.C. Accused is informed of his right of appeal and right to get free Legal Aid, if eligible. The father of the deceased is a Public Servant and State Government employee and in view of his financial status and nature of the offences, this court is awardedcompensationof Rs.5,00,000/- (Rupees five lakhs only) is sufficient to meet the ends of justice. Office is directed to send copy of this Judgment to the

Dt.14.08.20235Spl.S.C.No.268 of 2019

Secretary D.L.S.A., Mahabubnagar for the purpose of payment of compensation to PWs1 and 2 who are the parents of the deceased minor girl. M.O.1 shall be given to PW1, M.O.9 shall be given to PW5. PW-1 and PW-5 are directed to keep hold good M.O.1 and M.O.9 respectively, till the expiration of appeal time. M.Os2 to M.Os8, M.Os10 to M.Os13 shall be destroyed after expiry of appeal time. M.O.14 Cash of Rs.630/- and M.O.15 gold ring shall be confiscated to the State after expiration of appeal time. M.Os 16 and 17 are the D.V.Ds containing Crime scene. Hence, these documents shall be preserved in the record.

-o0o-

This case coming on before me for final hearing in the presence of Spl. Public Prosecutor for the State/complainant and Sri V.Gopal, Legal Aid Counsel for accused and having stood over for consideration till this day, the Court delivered the following:-

J U D G M E N T

1.The brief facts of the prosecution case are that, the deceased was a minor girl and daughter of PWs1 and 2. The accused and deceased were Face Book friends and exchanged their Mobile Numbers. The accused and deceased were talking

Dt.14.08.20236Spl.S.C.No.268 of 2019 to each other on Mobile phones from May, 2019 till the date of incident i.e., on 27.08.2019. The accused came to Jadcherla in a car bearing No.AP12D 9300 which is WagonR owned by PW.5 through Raikal Toll Plaza. The accused met the deceased girl on the main road at Jadcherla. The deceased girl boarded in the said car driven by the accused, the same was witnessed by the residents of Housing Board locality. The accused took the girl to the scene crime which is a lonely place and tries to fulfill his lust but the deceased girl was refused. Then, the accused disrobed the wearing apparels of the deceased girl in order to fulfill his sexual desire, committed rape on her and killed her with boulder stone. Then the accused was returned from the crime scene after committing the offence and went to

Hyderabad through Raikal Toll Plaza on the same day and parked the car at the house of its owner. Then the accused went to his sister’s house at Allamdevi Cheruvu and concealed his blood stained clothes and the other articles such as Mobile phone, his ring, purse etc., in the room at the house of his sister. The parents of the deceased girl searched for her but in vain and they lodged a complaint in the Jadcherla police station.

Dt.14.08.20237Spl.S.C.No.268 of 2019

2.During the course of investigation, the investigating agency traced the car basing on the CC TV footages and examined the neighbours of the locality of the deceased girl.

The Investigating officer traced out the owner of the car, who furnished the identity of the accused who received the car from him and returned back at the house of its owner. Later, the

Investigating officer visited the house of the sister of the accused and apprehended him. The accused confessed the offence in the presence of mediators and lead them to the crime scene and shown the dead body of the deceased girl.

PW1 and PW2 identified their deceased minor daughter. The crime scene is observed by the Investigating agency along with the mediators and found that the deceased was disrobed the wearing apparels and seized the wearing apparels, foot wear,

Mobile phone and blood stain stone from the scene of offence in the presence of mediators.

3.Thereafter, scene of offence panchanama and rough sketch was prepared at the scene of offence. Inquest was conducted over the body of deceased girl. The dead body was sent for post mortem examination. The Medical officer

Dt.14.08.20238Spl.S.C.No.268 of 2019 collected viscera and seminal swabs of the deceased and send the same for Forensic Science Laboratory for analysis.

4.The Investigating officer seized the Mobile phones of the accused and deceased and retrieved the contents and collected

Call Data records from the Nodal Officer of the Service

Providers along with Cell IDs, Tower Locations etc.

5.The First Investigating Officer i.e., PW-25 investigated the case and added the charges under sections 302, 376 r/w.

Sec.511 of I.P.C., and Sec. 9 r/w. Sec.10 of POCSO Act and handed over the case file to PW-26 who is the Second

Investigating officer who recorded the statements of witnesses and he investigated the case and on his transfer, handed the case file to PW-27 for further investigation. PW-27 collected the material evidence with regard to the Call Data, F.S.L., reports and retrieved the contents of the Mobile phones and after completion of investigation, he filed the charge sheet against the accused for the offences u/ss. 363, 364, 366, 354-D(1)(i), 376(3) and 302 of IPC, Sec. 5(l)(j)(iv) r/w. Sec.6 and Sec.9(l) r/w.

Sec.10 of POCSO Act and Sec. 67 of Information Technology

Act.

Dt.14.08.20239Spl.S.C.No.268 of 2019

6.The case was taken on file by the I Additional District and

Sessions Court,Mahabubnagar for the offences punishable

U/Ss.363, 364, 366, 354(D)(1)(i), 376(3), 302 of IPC and

Sec.5(1)(j)(iv) r/w. Sec.6 and Sec.9(1) r/w. Sec.10 of the

Protection of Children from Sexual Offences Act, 2019 against the accused and numbered as Spl. Sessions Case, and the same is made over to II Addl. District and Sessions Judge’s

Court (FTSC) at Mahabubnagar and in due course of trial the case was made over to Spl. Court for POCSO Act cases and this court is holding Full Additional Charge of the Spl. Court for

POCSO Act cases.

7.On appearance of the accused copies of documents as contemplated U/Sec.207 of Cr.P.C., were furnished to him by appointing Legal Aid Counsel to defend the case of accused.

8.After hearing the accused U/Sec. 228 Cr.P.C., the II Addl.

District Court (FTSC), Mahabubnagar framed the charges

U/Ss.363, 364, 366-A, 354(D)(1)(i), 376(3) and 302 of IPC and

Sec.5(i) r/w. Sec.6, Sec.5(l) r/w. Sec. 6 and Sec.9(l) r/w. Sec.10 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67 of Information Technology Act, against the

Dt.14.08.202310Spl.S.C.No.268 of 2019 accused, read over and explained to him in Telugu for which he pleaded not guilty and claimed to be tried.

9.To prove the case of prosecution, prosecution examined

PWs.1 to 27 and marked Exs.P1 to P74 and MOs.1 to 17.

10.After closure of prosecution evidence, the accused examined U/Sec. 313 Cr.P.C., with regard to incriminating evidence found against him, he denied the said evidence and reported that he has no defence evidence on his behalf.

11.Heard arguments of the Spl. Public Prosecutor at length and the Legal Aid Defence Counsel for the accused.

12.The Spl. Public Prosecutor filed the following citations reported in; i. Manoj Prathap Sing Vs. State of Rajastan 2022 Live Law (SC) 557 ii. Dasan & Ors. Vs. State of Kerala 1986 SCC Online Ker 60 iii. Lochan Shrivas Vs. State of Chhattisgarh 2022(1) ALD (Crl.) 753 (SC) iv. Pappu Vs. The State of Utter Pradesh 2022 Livelaw (SC) 144 v. Mohd. Feroz Vs. State of Madhya Pradesh 2022 ALD (Crl.) 878 (SC)

Dt.14.08.202311Spl.S.C.No.268 of 2019 vi. Surajdeo Mahto and another Vs.State of Bihar 2022(1) ALD(Crl.)33 (SC) vii. Shambhunath Mehra V. The state of Ajmer AIR 1956 SC 404 viii. Arvind Singh V. State of Maharashtra AIR 2020 SC 2451 ix. Sitaram Vs. State of Rajasthan 1976 Crl.J 800 x. Gurasingh Vs. State of Rajasthan 1984 Crl. 1423 xi. Suresh and another Vs. State of Haryana AIR 2015 SC 518 xii. Saravanan and Another (2008) 17 SC 587 xiii. Arjun Pandit Rao Kotkar Vs. Kailash Kushn Rao Gorantyal & Ors. (2020) 7 SCC 1.

xiv. Anvar P.V. Vs. P.K.Basheer and Ors. (2014) 10 SCC 473 xv. Pandurang Kalu Patil and another Vs. State of Maharashtra (2002) 2 SCC 490.

xvi. Sahaja @ Shahjan Ismail Mohd. Shaikh Vs. State of Maharashtra 2022 Livelaw (SC) 596 xvii. Kambapu Ramakrishna Vs. State 2005 (2) ALD (Crl.) (NOC) 40 (AP)

13.Now the following points that arise for determination is:

Whether the prosecution proved the guilt of the accused for the offences charged against him as stated supra, beyond all reasonable doubts?

Point:-

Dt.14.08.202312Spl.S.C.No.268 of 2019

14.Here the prosecution has got examined PW-1 to PW-27 and marked Exhibit P-1 to Exhibit P-74 and M.O-1 to M.O-17.

15.The brief evidence of the prosecutions witnesses is that

PW1 and 2 are parents of the deceased victim. As per the evidence of PW1, PW2 is his wife. On 27.08.2019 he received a call from PW2 that the victim went to near Raghu Kirana/

Stationary shop at about 5:00p.m. by informing that she will get some pencil lids but till 6:00 to 6:30p.m., she did not return home. Moreover, PW2 made a phone call to the victim but she did not pick up the call though the cell phone of the deceased victim was ringing. PW1 further deposited that he also made a phone call to his deceased daughter but she did not pick up the phone. PW1 returned back to his house and went to kirana /Stationary shop and made enquiry about his daughter. The shopkeeper informed him that the deceased victim already took the articles from the shop and left from the place. PW1 and Pw2 made search but in vain. Pw1 lodged a complaint as

Exhibit P1 before the police. His daughter was a minor. PW1 further deposed that on 29.08.2019 around 5:30 or 6:00 a.m.

police informed them that they found body of a girl in the open place right side towards Shankaraiahpally route. Immediately

Dt.14.08.202313Spl.S.C.No.268 of 2019

PW1 and PW2 visited to the scene of offence and found dead body of the victim in the bushes. They identified the victim and found the clothes were torn and footwear of the victim lying at a distance and as well as the cell phone was found at some distance and it was broken. PW1 and PW2 found that the victim was having petticoat on her body and chest portion was exposed and found severe injuries on the left side of her face and it appears that the said injuries in the nature that some stone has been hit on her face. M.O.2 to M.O.7 are the sandals and clothes of the deceased whereas the M.O.8 is the stone.

PW1 and PW2 further stated that they found a stone i.e., M.O.8 lying at her side. The scene of offence was photographed which is marked as Exhibit P4. Exhibit P2 is the positive photograph of the deceased and Exhibit P3 is her date of birth certificate.

Later, the body of the victim was shifted to the Government

Hospital, Mahabubnagar for postmortem examination. PW1 further deposed that the deceased victim was very much active and brilliant student in the studies and also she participated in the cultural activities. The cell phone used by the deceased victim was of Motorola and it was kept in the home for the use

Dt.14.08.202314Spl.S.C.No.268 of 2019

PW2. The said cell phone no. is 9059345472 which is marked as M.O.1.

16.Pw1 further deposed that on 28.08.2019 informed that she found the deceased was getting into a car. Pw3 also informed to Pw1 that the deceased was going in a car. Here Lw- 4 and PW-3 are the neighbours of the PW-1. During the cross examination PW-1 admitted that he has not stated before the police that he made a call to his daughter and she was not lifting the phone. Similarly the PW-1 admitted that PW-2 told him that his deceased daughter was carrying cell phone while leaving the house.

17.PW-2 who is the wife of PW1 deposed that on 27.08.2019 at about 5:00 p.m. while she was in her house her deceased daughter told that she is going to Raghu Kirana Shop. But her deceased daughter did not turn up till 5:00.m. then she made a phone call to PW1 and informed him. PW2 further stated that she made enquiries from the school friends of her daughter, relatives and neighborhood but in vain. PW2 further deposed that her deceased daughter was making calls and speaking to a person and when she enquired with her daughter, her daughter

Dt.14.08.202315Spl.S.C.No.268 of 2019 informed that she got acquaintance with a face book friend by name Yenugu Naveen Reddy who is the accused herein. On enquiry by PW2 with her daughter who revealed that the said

Naveen Reddy belongs to Koheda of Ranga Reddy District. The evidence of PW2 corroborated to the evidence of PW1.

18.PW3 who is residing in the colony of PW1 is deposed that on 27.08.2019 while he was returning from Mahabubnagar to

Jadcherla on his bike at 6:00 p.m., when he reached the house of LW4 he had seen the deceased is boarding a car bearing no.AP12D9300. On seeing the deceased PW3 said “Hai” but the deceased not responded. The said car was proceeded towards

Mahabubnagar from Jadcherla. The deceased was accompanied with a male person. PW3 identified the said male person who is none other than the accused, in the District Jail, Mahabubnagar in the presence of Judicial Magistrate of First Class.

19. PW4 is a tea vendor, who is running a tea stall on the main road of RTC Bus stand, Jadcherla. As per the evidence of

PW4 on 27.08.2019 at 5:30 p.m., when he was in his IQRA tea stall a Wagon-R car (i.e., M.O.9) came from Hyderabad towards

Mahabubnagar after coming down from the Flyover bridge at

Dt.14.08.202316Spl.S.C.No.268 of 2019

Jadcherla and stopped the car in front of his tea stall. A person (i.e., Accused) get down from the car and had a tea and a cigarette. Later, he left towards Mahabubnagar. PW4 identified the said person in the District Jail, Mahabubnagar in the presence of Judicial Magistrate of First Class and that person is the accused who is present in the court hall. PW4 identified the car i.e., M.O.9.

20.PW5 who is running Manikanta Wheel Alignment Centre at

Ibrahimpatnam. Previously PW5 and accused were worked together in Maruthi Tire showroom at L.B. Nagar, Uppal road.

PW5 purchased the said Wagon-R car i.e., M.O.9 bearing no.AP12D9300 which is a second hand vehicle and got registered in his name. On 27.08.2019 (by mistake it is typed

as 20.08.2019) at 2:00 p.m. the accused requested him to

handover M.O.9 car and due to the friendship he handed over the above said car to the accused. Again, at 7:30 p.m. the accused phoned to PW5 with a view to return back the car for which PW5 instructed to the accused to park the car at his (PW) house at 8:00 p.m. or 8:30 p.m. The cell phone no. of PW5 is 8367587961. On 04.09.2019 police enquired with PW5 and seized his car i.e., M.O.9. During the cross examination PW5

Dt.14.08.202317Spl.S.C.No.268 of 2019 admitted that the accused was habit of to take his car in

Morning hours and return back the same at evening hours.

21.PW6 who is the Sarpanch of Allamdevi Cheruvu, Samstan

Narayanpur Mandal of Yadagiri Dist. PW6 deposed that he knows the accused. The accused is brother of Navya. The said

Navya is the wife of Viplava Reddy. PW6 seen the accused on 27.08.2019 at 10:00 p. m. at Sheriguda which is 2 K.m., away from his village. On the same day, during the night hours police visited the house of Navya who in turn approached PW6 for necessary help. On enquiry with the police who informed that the accused kidnapped a girl. The said Navya disclosed that the accused is in her house and the police took him away.

22.PW7 who is the principal deposed that he came to know death of the deceased through media and he issued Bonafide certificate of the victim, which is marked as Exhibit P5.

23.PW8 is a project manager at Raikal Toll Plaza deposed that on 04.09.2019 the Inspector of police, Jadcherla made a written requisition to verify the footage of C.C camera on 27.08.2019 with regard to M.O.9 Wagnor-R car. PW8 experted

Dt.14.08.202318Spl.S.C.No.268 of 2019 the C.C.T.V footage and noticed that M.O.9 Wagnor-R car passed on the toll plaza towards Jadcherla at 3:37 p.m. and returned towards Hyderabad at 7:28 p.m., PW8 copy down

C.C.T.V footage into a pen drive which is marked as Exhibit P8 and handed over to the C.I of police along with certificates and

Exhibit P6 and Exhibit P7.

24.The said C.C. T.V footage contains first file 001--- shows the entry of M.O.9 Wagnor-R car AP12D9300 entering into the gate from Hyderabad to Jadcherla through line No.3 on 27.08.2019 at 3:37 p.m. and the said car exited from the gate at 3:37:54 p.m. A file No.002--- shows the inside cabin of toll plaza line No.3 showing tendering the toll amount to the person in the cabin from M.O.9 car. The file No.003--- showing the number plate and physical features of M.O.9 car. The file

No.008--- showing departure of the car i.e., M.O.9 from lane

No.7 from Jadcherla to Hyderabad at 7:28 p.m. on 27.08.2019.

the file No.009--- showing inside the cabin cross checking of the toll receipt for to and fro. The file No. 010--- showing the number plate of the car i.e., M.O.9 passing through lane No.7.

these files are marked Exhibit P8(clause 1 to clause 6).

Dt.14.08.202319Spl.S.C.No.268 of 2019

25.PW9 running Auto consultancy in housing board at

Jadcherla and his shop is situated on the main road leading from Jadcherla to Mahabubnagar and vice versa. PW9 installed

C.C cameras for the protection of his property. The said C.C.

cameras will cover his shop on main road. On 09.09.2019 police approached him along with technician to extract C.C T.V footage and PW9 noticed that the deceased who is the daughter of PW1 came from housing board colony to the main road by speaking on mobile phone. After five or six minutes a

Wagnor-R car (i.e., M.O.9) came to the side of deceased, where she was standing. PW9 identified M.O.9 the car. C.C. TV footage was copied into a pen drive i.e., Exhibit P8.

26.PW10 is a driver on the instructions of police he brought

M.O.9 car from PW5 to the police station and handed over the keys to the police.

27.PW11 is a panch witness for the scene and he went to the housing board and the scene is located on the main road leading towards Mahabubnagar from Jadcherla, along with

LW14 called by the police. The scene of offence where the deceased was missing and they were taken down the map of

Dt.14.08.202320Spl.S.C.No.268 of 2019 the said scene and drawn the rough sketch. Exhibit P9 is the

Crime details form.

28.As per the evidence of PW-12 that on 29.08.2019 at about 02:00 AM he and PW13 along with police went to Koheda village and went to a house and police brought the accused from the house and enquired the accused who revealed his name. In the Presence of PWs12 & 13 the accused confessed that he got acquaintance with the deceased through Face Book since 3 months from that day. The Accused proposed love to the deceased and he met her 2 or 3 times physically at

Jadcherla. The accused further confessed that on 27.08.2019 he telephoned to the deceased and requested her that he wants to meet her for which the deceased was accepted. The accused came to Jadcherla in MO9 Car and informed the deceased to come on the main road, accordingly the deceased came on the main road at Jadcherla. The accused directed the deceased to board MO9 car for which the deceased refused then the accused pulled the deceased in the said car and proceeded towards Mahabubnagar and took a turn towards

Shankaraiahpally thanda. The accused was proceeding to a lonely place and stopped the car. The accused further

Dt.14.08.202321Spl.S.C.No.268 of 2019 confessed that he insisted the deceased to fulfill his lust but the deceased was refused, then the accused torned the clothes of deceased meanwhile the deceased receiving phone calls then the accused picked up the phone from her and thrown away.

The accused committed rape on her and later on suspicious the deceased may inform everything to others thereby he beat the deceased with a Stone (MO-8) and also pressed her throat. The accused after confirming that the victim was died then only he left the dead body of the victim there itself and proceeded towards Hyderabad on the same MO-9 car. The said MO-9 car was parked at the house of PW-5 who is the owner of said car.

The accused handed over his mobile phone to his sister and returned to his house. The accused further confessed before

PW12 that he will show the place where he committed the offence of murder, accordingly PW12, PW13 along with Police visited the scene of offence. A panchanama was drafted on 29.08.2019 at 03:45 a.m. i.e., Ex.P10. Later the accused, PW12,

PW13 and police went to Shankaraiahpally Thanda as lead by the accused at about 6:30 AM. The Accused informed them to stop the vehicle on the road and leads them to the open area where small hillocks surrounded by bushes and the accused

Dt.14.08.202322Spl.S.C.No.268 of 2019 shown the dead body of the victim and confessed that he killed her. PW12 & 13 observed that the dead body of the victim found no clothes on her upper body portion her Punjabi Top was torned and found laying on the ground and her inner garment white Baniyan was torned and pulled up side. They further found blood on the head of the deceased victim and left side of her face stained with blood. There was a stone with blood marks and her throat was black in color and the victim has a gold chain in her neck. PW12 found the victim on her left side of Breast there are scratches marks and noticed red color

Chunni on the bushes near by. They found Motorola mobile phone at some distance in a detached. The sandals of the deceased were at different places. PW1 & PW2 identified the deceased as their daughter. PW12 found blood stains on the side of the dead body, the scene of offence was photographed and video graphed. The said scene of offence is situated in

Sy.No. 377 of Prathap Ventures. The scene of offence panchanama was drafted on 29.08.2019 at 6:45 AM which is marked as Ex-P11. Ex-P4 is the Photographs and MO’s 1 to 8 are the material objects i.e., MO-1 is the cell phone of deceased victim, MO-2 is the a pair of sandals of deceased Victim, MO-3

Dt.14.08.202323Spl.S.C.No.268 of 2019 is a torned top apparel of deceased victim, MO-4 is Chunni of deceased victim, MO-5 is torned Pyjama of deceased victim,

MO-6 is torned Petticoat (Baniyan) of deceased victim, MO-7 is undergarment of deceased victim MO-8 is the stone found lying at the side of deceased victim, which are identified at the scene of offence.

29.PW13 deposed same as that of the evidence of PW12 and further deposed that inquest was conducted over the dead body and prepared Ex.P12 inquest report. PW14 who is the mediator and discovery of material objects. As per the evidence of PW14 who deposed that on 04.09.2019 around 1:00 or 1:30

PM he along with LW20 were requested by the police to act as a mediator accordingly they went to the police station where the accused was present. PW14 and LW20 enquired the accused, the accused revealed his name as Yenugu Naveen

Reddy and confessed that about three months ago he developed friendship with the deceased through Face Book and he had a desire to enjoy her. The accused further confessed that on 27.08.2019 during evening hours he borrowed MO-9

Wagon R Car from PW5 and came to Jadcherla. The accused telephoned the deceased when the deceased came upon to the

Dt.14.08.202324Spl.S.C.No.268 of 2019 road he took her in the said MO-9 Car and proceeded towards

Shankaraiahpally Thanda Road, there he tried to enjoy her but she did not cooperated there by he killed her. The accused further confessed before PW14 and LW20 that he returned from the place along with MO-9 Car and on the way he called to

PW5 for handing over the car, for which PW5 instructed the accused to park the car at the latter’s house accordingly the accused parked the car at the house of PW5. Thereafter he went to the house of his sister by name Navya, resident of

Allamdevi Cheruvu village and he concealed his blood stained shirt (M.O.11) and pant (M.O.10) in the bathroom which is inside the compound by wrapping them in a newspaper and he concealed cell phone (M.O.13), ring (M.O.15), Kadiyam (M.O.12) and Purse (M.O.14) underneath the clothes on the Sajja (Lower roof). A Panchanama was Drafted as Ex-P15 to that effect.

Thereafter the accused leads PW14 & LW20 and police

Brahmanapally village to the house of PW5 who is the owner of

Wagon R Car i.e., MO-9 by that time PW5 was present, the said car was seized under Ex-P16 Panchanama. Again the accused leads them to his sister’s house that is the house of Navya at

Allamdevi Cheruvu, the accused went to bathroom and brought

Dt.14.08.202325Spl.S.C.No.268 of 2019

Pant (M.O.10), Shirt (M.O.11) which are wrapped in a newspaper. On perusal of shirt and pant the shirt is a Half shirt

Ash color with blood stains and Pant is Blue color and it is a

Jeans pant contained blood stains underneath Knees portion.

The accused went inside the house and brought the concealed articles on perusal of it they are cell phone with 2 SIMs (M.O.13), Samsung Charger, steel Hand Kadiyam (M.O.12) which is worn to the hand, gold ring (M.O.15) studded with 20 stones, a purse (M.O.14) consisting of Rs.630/- cash and Metro card. These material objects are seized under Ex-P17

Panchanama and the above said material objects are marked as MOs 10-MO15 as MO-10 is blue color Jeans Pant, MO-11 is the ash Color Half Shirt, MO-12 is steel Kadiyam, MO-13 Black color Q-6 Model Dual SIM Cell phone along with Sim Cards, MO- 14 Black color money purse(Wallet) Consisting of Rs.630/- cash and Metro Card, MO-15 White stones gold ring (20 Stones).

PW14 deposed in his cross examination that on that day i.e., on 04.09.2019 they traveled 150 to 200 Kilometers and they went to Brahmanapally village and from there to Allamdevi Cheruvu and returned to Jadcherla.

Dt.14.08.202326Spl.S.C.No.268 of 2019

30.PW15 who is the Associate Professor in forensic medicine deposed that she conducted autopsy on the dead body of the victim on 29.08.2019 from 11:00 AM and concluded by 12:00

PM. PW15 noticed the body was highly decomposed, maggots were crawling all over the body, face, abdomen and genital organs were swollen, scalp hair was peeled off Post mortem lividity and rigormortis could not be differentiated. She found the following ante mortem injuries. 1) Lacerated wound of 4 c.m., x 2 c.m., x muscle deep present over the left temporal region of the head and 2 c.m., x 1 c.m., bone deep below the left side of chin. Internally on dissection of the head 1) Scalp contusion measuring 8 c.m., x 6 c.m., present over the left temporal region of the scalp. 2) Brain liquefied reddish in color.

3) Communitted fracture of left anterior cranial fossa of the base of skull noted. PW15 further deposed the said injuries are caused with MO-8 stone which might have been used with force to cause the said injury. Viscera from stomach and its contents along with small intestine and its contents, liver and kidney along with blood has been preserved for FSL. Three vaginal swabs were removed and sent to FSL for report. Approximate time of death may be about two days prior to PME examination

Dt.14.08.202327Spl.S.C.No.268 of 2019 she gave her opinion as to the cause of death is due to head injury. She found as per the FSL report spermatozoa detected positive of spermatozoa. Viscera report-no poisonous substance found. As per the vaginal swabs, FSL report there is a possibility of sexual intercourse. Basing on the FSL reports she issued his final report.Ex-P18 is the Post mortem report, Ex-P19 is the final opinion report, Ex-P20 FSL report in respect of

Vaginal Swabs and Ex-P21 is the FSL report of in respect of

Viscera.

31.PW16 who is the scientific officer deposed that he received a sealed cloth parcel on 17.09.2019 for examination and to furnish opinion report. The said sealed cloth parcel contains the following articles 1 to 6. 1) Two card size color photographs of a girl said to be of the deceased marked by me as item No. 1, 2) Two card size color photographs of a male person said to be of the accused marked by me as item no. 2,

3) Two card size color photographs of a ring said to be of accused marked by me as item No. 3, 4) A metal bracelet (Steel Kadiyam ) said to be of accused marked by me as item no. 4, 5) Two card size color photographs of a car bearing registration No. AP12 D 9300 said to be a crime vehicle marked

Dt.14.08.202328Spl.S.C.No.268 of 2019 by me as item no. 5, 6) A Pen drive of make san disk marked by me as item no. 6. PW16 examined the above items and found that 1) Content of the CC TV footages mentioned in Annexure-1 are not edited/morphed. 2) The car present in the CC TV footages item No. 6 found to be similar to the car the photograph item No. 5 in registration number (ie., AP12D9300), color black color stripes and a big number “03” (details are furnished as annexure-2). 3) The person who is driving the car wore metal bracelet and ring to his right hand. The ring found to be similar to the ring item no. 3 in number of shiny rows (could be jewel stones) and the metal bracelet appears to be similar to the bracelet item no. 4 (details are furnished as

Annexure-3). 4) Extracted image of the person who alighted from driving seat of the above said car is furnished along with timings as annexure-4. 5) Extracted image of a girl who present in the CC TV footage along with timings are furnished as annexure-5. PW16 furnished his opinion under Ex-P22. Pw16 denied the suggestion that photographs and CC TV footages are morphed.

32.PW17 who is another scientific officer deposed that he received a sealed cloth line cover on 19.09.2019 to examine

Dt.14.08.202329Spl.S.C.No.268 of 2019 and furnish his opinion report. PW17 verified the cloth parcel and contained the following marked by him as 1) one black color GSM mobile phone of make Motorola, Model XT1706 bearing two IMEI Nos. 1. 358224074306931 and 2.

358224074306949 containing one JIO (Nano) SIM card in SIM slot one bearing no. 89918540400060720063 and one Micro SD memory card of make Sony of capacity 8 GB bearing no.

708845293. MO-1 is the said mobile phone. 2) One black color

GSM mobile phone of make LG model Q6 bearing two IMEI nos.

1) 358755086647473 and 2) 358755086647481 containing one

JIO (Nano) SIM card in SIM Slot one bearing no.

89918540400101455810 and one Idea SIM card (resized) LG model Q6 mobile phone, MO-13 is the said mobile phone. PW17 after examination he found in respect of item No. 1 is in working condition. Date regarding call logs, chats (hangouts, whatsApp) contacts, emails installed applications, locations,

SMS messages, images, Audio files, Video files, Web History etc., retrieved from phone memory, SIM Card (JIO), and memory card contents of item no. 1. Data pertaining to call logs SMS messages, emails etc., of 6 months i.e. from 01.02.2019 to 31.08.2019. Communication pertaining to SMS

Dt.14.08.202330Spl.S.C.No.268 of 2019 messages and browsing history, details of Face Book profiles retrieved from phone memory and list of retrieved contents (Phone memory, SIM card and Memory card) of item no.1. Item

NO. 2 is working condition, data regarding call logs, chats (Face book messenger, Instagram, Tik Tok WhatsApp) contact, emails installed applications, locations, SMS messages, images, Audio files, Video files, Web history etc., retrieved from phone memory, SIM cards (JIO and IDEA) contents of Item no. 2. Data pertaining to call logs, chats (face book messenger, Instagram,

Tik Tok, WhatsApp) SMS messages, emails etc., of 6 months i.e.

from 01.02.2019 to 31.08.2019 and audio files pertinent on 27.08.2019, image files (JPG format) which are similar to item no. 3(a) and 3(b) retrieved from phone memory of item no. 2.

Here Ex-P25 and P26 are HP 64 GB capacity of two pen drives.

PW17 retrieved the phone conservation from item No. 2 and furnished the same through Ex-P27 (A) at page no. 32 in Sl. No.

91. Here Ex-P27 is the Annexure-II containing 36 pages.

33.PW18 is the Professor in forensic medicine examined the accused and conducted potency test on the accused and she concluded that there is nothing to suggest that the individual (the accused) is not capable of performing act of sexual

Dt.14.08.202331Spl.S.C.No.268 of 2019 intercourse. In other words the accused is capable of performing sexual intercourse. Ex-P29 is the potency certificate.

34.PW19 is the First Additional Judicial Magistrate of First

Class, Shadnagar conducted test identification parade on 28.09.2019 in District Jail, Mahabubnagar. PW3, PW4 and LW4 identified the accused in the District Jail, in the presence of

PW19. During the Cross Examination PW19 denied the suggestion and that he has not followed the procedure under

Rule 34 of criminal rules of Practice.

35.PW20 who is the Nodal officer, Reliance Jio, examined and deposed that he received the requisition from Addl.

Superintendent of police, Mahabubnagar on 20.11.2019 seeking information in respect of call details of mobile

No.9059345472 and 8309245504 duration from 01.05.2019 to 30.08.2019 and customer application form (CAF). Mobile

No.9059345472 duration 01.05.2019 to 30.08.2019 call detail records are from page No. 1 to 40. The address details of mobile No.9059345472 on the name of PW1. The said no. is allotted to PW1. The number was activated on 09.01.2017 on

Dt.14.08.202332Spl.S.C.No.268 of 2019 basis of eKYC (electronic know your customer) through biometric authentication. Ex-P33 is customer application form of PW1, Ex-P34 is the call details information from 01.05.2019 to 30.08.2019.

36.PW20 further deposed in respect of mobile number 8309245504 of accused during 01.05.2019 to 30.08.2019, the call details record are furnished from Page No. 1 to 31. The address details of the said 8309245504 which stands in the name of the accused. In other words the said number 8309245504 allotted to the accused and it was activated on 30.11.2016. The accused is having another alternative mobile number 8011661328. Ex-P35 to Ex-P39 is the customer

Application form, Call detail record, Covering letter and certificate. PW20 further deposed that he received another requisition on 21.11.2019 for seeking cell ID location in respect of mobile number 9059345472 and for mobile number 8309245504. PW20 found Tower location list with Cell ID and to that effect he issued Ex-P40 to Ex-P44. PW20 further deposed that a SMS was sent from mobile phone no. 8309245504 (accused) to 9059345472 on 27.08.2019 at 17:52 hours with

IMEI(InternationalMobileEquipmentIdentity)

Dt.14.08.202333Spl.S.C.No.268 of 2019

No.358755086647481 at page 1 of Ex-P36 row No. 8 from top to bottom. During the cross examination PW20 deposed that mobile no. 9059345472 relating to Airtel network and the same was changed by mobile number portability to JIO service provider.

37.PW21 who is Alternate Nodal officer Vodafone – Idea deposed that he received a requisition from Addl.

Superintendent of Police, Mahabubnagar on 13.11.2019 seeking information in respect of call details records of mobile no. 8099661328 for the period 01.05.2019 to 30.08.2019 and customer application from (CAF) Mobile no. 8099661328 duration 01.05.2019 to 30.08.2019 call detail record the mobile no. 8099661328 stands in the name of Yenugu Naveen Reddy (who is the accused). The said number was activated on 01.11.2017. The said number originally allotted by Reliance

GSM and was ported to Vodafone-Idea Network. PW21 Further deposed that Mobile out going call (MOC) was made from mobile No. 8099661328 (Accused) to 8367587961 (PW.5) on 27.08.2019 at 19:09 hours, (duration of the call is 13 seconds) with IMEI No. 358755086647470, the first cell ID is 40407- 36064-45337 and the last cell ID is 40407-36064-6879. PW21

Dt.14.08.202334Spl.S.C.No.268 of 2019 further deposed that mobile out going call (MOC) was made from mobile no. 8099661328 to 8367587961 on 27.08.2019 at 19:08 hours, (duration of the call is 30 seconds) with IMEI No.

358755086647470, the first cell ID is 40407-36064-45339 and the last cell ID is 40407-36064-45337. PW21 further deposed that out going call (MOC) was made from mobile no.

8099661328 to 9059345472 on 15.08.2019 at 12:01 hours, (duration of the call is 84 seconds) with IMEI

No.358755086647470. PW21 further deposed that out going call (MOC) was made from mobile no. 8099661328 to 9059345472 on 15.08.2019 at 11:56 hours, (duration of the call is 48 seconds) with IMEI No. 358755086647470. PW21 issued his opinion along with customer application, covering letter and certificate, details of Cell ID as Ex-P45 to Ex-P52.

38.PW22 is a CC TV Footage Technician deposed that about 5 years back he had been to Delhi to undergo a training course and to get expertise CC TV Technical Training Programme.

PW22 further deposed that he has installed the CC Cameras in the Jadcherla Town as per the instruction of the C.I. of police

Jadcherla. The CC cameras are installed covering the areas of entry and exit at the bus station, Jadcherla, so also, the housing

Dt.14.08.202335Spl.S.C.No.268 of 2019 board colony and the total Jadecherla entry-exit roads. PW22 further deposed that on 08.08.2019 the Inspector of police secured his presence for extracting CC TV footages with regard to a girl missing case. Accordingly, police, he observed the CC

TV footages pertaining to two cameras installed at the bus station covering the entry and exit into Jadcherla town. The storage device from which the CC TV footage pertaining to the two cameras installed near bus station, was from network video recorder Hikvission. The CC TV pictures were retrieved into a pen drive. Police and he went to the shop of D.Venkatesh PW-9 situated at housing board colony, on the main road of Jadcherla

Mahabubnagar. The CC TV footages pertaining to the crime data were extracted from the device digital video recorder CP-

Plus company and copied into the pen drive and handed it over to the Police. PW22 further deposed that the video which is displaying in the court hall is showing flyover bridge under NH- 44 near Jadcherla dt.27.08.2019 at 17:15:55. As per the video, the Wagon-R MO-9 passing the road through Hyderabad-

Mahabubnagar. PW22 further deposed that as per his observation on play of Ex-P8 (9) video the Wagon-R MO-9 is pulled over in front of Tea-Stall of PW-4. The driver of the car

Dt.14.08.202336Spl.S.C.No.268 of 2019 got down from the Wagon-R and proceeded from its behind towards the Tea-Stall, who is very tall and the said person waited for some time at the Tea-Stall, had consumed something there and returned to the car and proceeded towards Mahabubnagar from Jadcherla. PW22 further deposed that he is a local person in Jadcherla and he is living in

Jadcherla since his birth and he is familiar with that area. PW22 further deposed that the camera belonging to Ex-P8(8) and the camera belonging to Ex-P8(9) have a different time stamp because the default time as set by the manufacturer was not updatedinthecamerapertainingto

Ex-P8(9). There will not be any difference between a camera whose time stamp has been updated, and any other camera whose default time stamp is not updated, there will no difference in working of the camera in relation to recording of video or any other operation. PW22 further testified that as per his observation on play of Ex-P8 (10) video the Wagon-R MO-9 is going from Jadcherla to Mahabubnagar. PW22 issued the certificate as Ex-P53 and Ex-P54.

39.PW23 is a police constable working in Clues team, deposed on 29.08.2019, he accompanied with PW26, Jadcherla

Dt.14.08.202337Spl.S.C.No.268 of 2019 along with PW-24 who is another constable visited the scene of offence in between 7:30 to 7:45 AM and found the dead body of a girl was half naked on the upper portion and her wearing apparels along with the foot wear were scatted at the crime scene. He also noticed a stone with blood stains at the scene, which was adjacent to the dead body. PW23 assisted the (Investigating officer) I.O., in collecting the blood stained earth, controlled earth, along with the blood stained stone and handed over the collected objects to the Inspector of Police.

MO-8 is a blood stained stone which was collected from the scene and handed over to the Inspector of Police.

40.PW24 who is another police constable in Clues team deposed that he accompanied with PW26, Jadcherla along with

PW23 visited to the scene of offence on 29.08.2019 at 7:30 to 7:45 AM and found that a dead body girl was half naked on the upper portion and her wearing apparels along with the foot wear were scatted at the crime scene. He also noticed a cell phone is broken condition at a distance from the dead body and also a stone with blood stains at the scene, which was adjacent to the dead body. On the instructions of the

Dt.14.08.202338Spl.S.C.No.268 of 2019 investigating officer he took 8 Positive photographs (Ex-P4 of the crime scene).

41.PW25 is working of Sub-inspector of Police, Jadcherla, deposed that on 27.08.2019 at 10:00 PM, Pw1 & PW2 came to the police station and informed to PW25 that their Minor

Daughter was found missing and gave Ex-P1 Report. On the basis of the said report he registered case in Cr. No. 312/2019 and issued FIR as Ex-P55. Pw1 gave two photographs (Ex-P2) of the missing girl along with Ex-P1. PW25 came to the vicinity of

Pw1 and enquired and Pw3 stated before him that he saw the said victim girl taken away in the car and also informed the car

No. as AP 12 D 9300 and a male person found in the car proceeded towards Mahabubnagar side. PW25 visited the scene of offence from where the victim was taken away in the car, is infront of the house of LW4 on the main road leading to

Jadcherla to Mahabubnagar. He examined LW4 and secured

PW11 and LW14 and conducted scene of offence panchanama drawn rough sketch in the crime details form as Ex-P9. PW25 secured information with regard to the above said vehicle bearing No. AP 12 D 9300 and ascertained the owner ship of the said vehicle is PW5 and obtained his mobile number

Dt.14.08.202339Spl.S.C.No.268 of 2019 8367587961. On enquiry by Pw25 the owner of the vehicle i.e.,

PW5 informed that the said car (M.O.9) given to the accused on 27.08.2019 after noon and the accused return back the said car on the same day at about 8:00 or 8:30 PM and parked

before his (PW5) house. PW25 verified CC Camera footages

available at flyover bridge, bus stand of Jadcherla and also at the shop of PW9. By observing CC TV footages the car bearing

No. AP 12 D 9300 was recorded in the CC Cameras. Pw25 visited to Raikal Toll Plaza and observed CC TV footages and confirmed that the said car (M.O.9) came from Hyderabad side and left towards Hyderabad side. PW25 further deposed that he along with PW12 & PW13 and constables proceeded to Koheda village and went to the house of the accused at 3:30 a.m.,

PW25 knocked the doors and a old lady came out and on enquiry she shown the accused who stood at the back of her.

On enquiry with the accused he confessed the offence. The accused was placed before PW12 & PW13 in whose presence the accused confessed the offence. The accused revealed that he will show the place where he killed the victim. A confession panchanama was drafted as Ex-P10. They came to Jadcherla and the accused leads them to the scene of offence and

Dt.14.08.202340Spl.S.C.No.268 of 2019 showed the dead body of the victim. PW25 found wearing torn apparels, foot wear and blood stain boulder at the scene of offence and a cell phone and foot wear were scattered at the scene. PW25 conducted scene observation panchanama at 6:45 AM on 29.08.2019 as Ex-P9. After the death of the victim section of law was altered from Sec.363 IPC to Sec.364, 354-D, 376 r/w 511,302 IPC, Section of 9 r/w 10 of POCSO Act, sec.67 of Information Technology Act. Ex-P56 is the section alteration memo and he found M.Os. 1 to 8 at the scene of offence. PW25 handed over CD File to PW26.

42.PW26 who is the then Inspector of Police, Jadcherla verified the investigation done by PW25 and found it on correct lines. PW26 deposed that he visited to the scene of offence situated at Prathap Ventures in Sy. No. 377, the land belongs to

Jangaiah and Shivashankar. He noticed the dead body that upper portion of the dead body was exposed and a injury on the left side of the head and boulder stone laying aside the dead body. The dead body was identified by PW1 & PW2. PW26 noticed wearing apparels and cell phone scattered at the scene of offence. Inquest was conducted over the dead body under

Ex-P12. Scene of offence panchanama was conducted as

Dt.14.08.202341Spl.S.C.No.268 of 2019

Ex.P13 and drawn rough sketch as Ex-P14. PW26 further deposed that PW23 assisted in collecting blood stained earth, controlled earth and all material objects at the scene of offence. Ex-P4 photographs were taken. The vaginal Swabs and Viscera from intestine, liver and kidney collected and the same were sent to TSFSL for analysis report. PW26 requested under Ex-P58 to examine blood stained ash color Half shirt (MO-11) of the accused, blood stained blue color jeans pant (MO-10) of the accused, android black color mobile phone (MO-

13) of the accused, Samsung Charger. PW26 arrested the accused on 29.08.2019 at 1:00 PM and produced before the

Court for remand. PW26 made a requisition to PW19 to conduct test identification parade. PW26 addressed a letter to the

Superintendent of Police, Mahabubnagar with a request to address a letter to the service provider of cell phones bearing

No. 8309245504, 8099661328 and 9059345472 of the accused and deceased. As per the requisition of PW26 the accused was given to police custody. The accused confessed the offence in the presence of PW14 and LW20 and confession statement was recorded as Ex-P15 on 04.09.2019 at 1:30 PM. The accused further confessed that he concealed MOs-10 to 15 at his sister’s

Dt.14.08.202342Spl.S.C.No.268 of 2019 house and he would show the same. PW16 further deposed that the accused took them to the house of PW5 who is the owner of

Wagon-R Car (MO-9). The said MO-9 car was seized under Ex-

P16 in the presence of PW14 and LW20. In view of the confession, PW26 went to the house of sister of the accused situated at Allamdevi Cheruvu village, Narayanapur Mandal,

Yadagiri Dist, the accused went into the bathroom and picked up a news paper bundle and on opening of it they found MOs- 10 to 15 and the same was seized under Ex-P17. PW26 addressed a letter to Pw8 pertaining to MO9 Car from Raikal

Toll Plaza for furnishing CC TV Footages on 27.08.2019. PW8 furnished CC TV footages. PW26 further deposed that on requisition, potency test was conducted on the accused. PW26 went to the shop of PW9 and extracted CC TV footages with

Pw22 who is technician, in Ex-P25 & Ex-P26 pen drives. During the course of investigation PW26 was transferred from

Jadcherla and handed over CD File to PW27. During the cross examination PW26 deposed that PW3 and LW4 not stated the name of the suspect. However Pw26 further stated that PW3 &

LW4 stated before him that they can identify said person

Dt.14.08.202343Spl.S.C.No.268 of 2019 (Suspect) if shown to them. Later accused was identified by them.

43.PW27 who is the Inspector of Police Jadcherla, took C.D.

file from PW26 and verified the investigation and found it on correct lines. PW27 filed a requisition before PW19 to record

Sec. 164 Cr.P.C statements of PW3, PW4 & LW4. PW27 collected Certified copies of Test identification proceedings,

Sec. 164 Cr.P.C statements. PW27 collected Ex-P68 data of two cell phones of accused and one cell phone of deceased. Pw27 collected potency certificate (Ex-P29), final report (EX-P19),

DNA Analysis report (Ex-P70) relating to cotton vaginal swabs,

DNA Analysis report (Ex-P71) relating to MO-6, MO-8, MO-10,

MO-11, serology Analysis report (Ex-P72) relating to MO-6, MO- 8, MO-10, MO-11. PW27 heard the voice recording from the pen drive and detailed conversation. PW27 visited and verified CC

Cameras installed under fly over bridge and bus stand at

Jadcherla and also at the shop of PW9 and LW11 and drafted sketch of the location of CC Cameras along with road map as

Ex-P73 & Ex-P74. MO-16 & MO-17 D.V.D., relating to Ex-P4 and video of the crime scene respectively. During the Cross

Examination PW27 contended that he has not seized any

Dt.14.08.202344Spl.S.C.No.268 of 2019 property during his investigation and he has not re-examined any of the witnesses during his investigation. PW27 denied the suggestion that he had not properly verified investigation done by PW26 and he has not properly investigated the case.

44.Here, the accused developed acquaintance with the deceased girl through social media. PW2 who is the mother of the deceased noticed that her daughter i.e., the deceased making calls and speaking to a person, when PW2 further enquired with the deceased, the deceased replied that she got acquaintance with a face book friend by name Yenugu Naveen

Reddy who is accused herein. The deceased further revealed that the said accused is resident of Koheda, Ranga Reddy

District. MO-1 is the Cell Phone used by the deceased. MO-1

Mobile Phone Registered in the name of PW1. In order to establish that the accused got acquaintance with the deceased through mobile phone. MO-1 is the Mobile used by the deceased and MO-13 is the mobile phone used by the accused.

MO-1 mobile phone seized at the scene of offence under Ex-P11 by PW.23 to PW.25 in the presence of PW12 and PW13. The service provider of MO-1 is Reliance Jio as per the evidence of

PW20 with Ex-P33 (Customer Application Form in the name of

Dt.14.08.202345Spl.S.C.No.268 of 2019

PW1). MO-1 is single Sim Card. Where as the accused using mobile phone i.e., MO-13 with dual Sim Cards with Jio mobile

No. 8309245504 and another mobile No. 8099661328 with

Vodafone Idea. MO-13 was concealed by the accused in the house of his sister by name Navya along with other articles.

The accused confessed the offence before the mediators i.e.,

PW14 and another mediator under Ex-P15. MO-13 mobile phone was seized from the possession of the accused by the investigating officer i.e., PW26 in the presence of PW14 and

LW20 under the cover of Ex-P17 confession and recovery panchanama. Ex-P35 is the Customer Application Form in the name of the accused allotting the mobile number 8309245504 by Reliance Jio. Ex-P36 is the call data record shows IMEI No.

358755086647480. The accused used dual Sim cards seized by the investigating officer i.e., PW6 and the second Sim number is 8099661328 by Vodafone Idea. Ex-P45 is the customer application form to show that the said Vodafone-Idea number 8099661328 allotted to the accused. As per the evidence of

PW20 & PW21 the above said mobile numbers 8099661328 & 8309245504 allotted to the accused and that as per the

Dt.14.08.202346Spl.S.C.No.268 of 2019 evidence of PW14 and PW26 Mo-13 Mobile phone used by the accused.

45.Ex-P36 call data record marked through PW20, relating to the accused which is consisting from page no. 1 to 31 from 01.05.2019 to 30.08.2019 which clearly shows the dates from 28.07.2019 to 27.08.2019 there are several calls in between deceased and accused shows that the accused calling the deceased and vice versa. The accused called to the deceased from his mobile phone bearing no. 8309245504 on 8 times to the mobile of the deceased no. 9059345472. The deceased called to the accused nearly 15 times on 28.07.2019 at 17:06:08 to 22:02:19. As per Ex-P36 it clearly proved that the accused and deceased were calling to each other till the date of incident that is on 27.08.2019. As per Ex-P34 call details information the deceased made a call at Sl.No.10 of Ex-P34 to the accused to his Reliance Jio Number on 27.08.2019 at 18:10:40 and the call was ended at 18:12:01 with duration of 81 Seconds. Ex-P34 & Ex-P36 is the call detail information there are nearly 26 calls on 27.08.2019 from 07:11:53 to 18:12:01 between the accused and deceased and the deceased at the start of the call was the first cell ID number 4058540541817 by

Dt.14.08.202347Spl.S.C.No.268 of 2019 the end of the call she was the last cell ID 4058540541824. As per Ex-P36 at Sl. No. 1 a call was made from the mobile number of the deceased 9059345472 to the accused mobile number 8309245504 on 27.08.2019 at 18:10:39 and the call was ended at 18:12:01 thereby the accused received the said call while under the first Cell ID No. 4058540541817 and last call was completed while the accused was at last cell ID 4058540541824. As per the evidence of PW20 with documentary proof i.e., Ex-P36 clearly proved that the accused and deceased were at the same place at Jadcherla on 27.08.2019 at 18:12:01.

46.As per the Ex-P36 at entry no.23, call data record of the accused who received calls on 27.08.2019 at 16:52:23 from the deceased to his mobile number 8309245504 with call duration of 57 Seconds.

47.As per Ex-P36 at page No. 1, Sl. No.22 and Sl. No. 17 on 27.08.2019 at 16:57:56 till 17:12:39 shows that the accused received 6 calls to his mobile number 8309245504 from the deceased with cell ID number 4058540133930. On the same day i.e., on 27.08.2019 as per Ex-P36 at entries Sl. No. 10 & 11

Dt.14.08.202348Spl.S.C.No.268 of 2019 the accused received two calls from the deceased and the ending time 17:41:51 with call duration 132 Seconds and 741

Seconds.

48.As per the evidence of PW20 with Ex-P34 and Ex-P36 clearly proved that the accused and deceased were talking together and both of them ended their conversation on 27.08.2019 at 18:12:01 with the same Cell ID Number 4058540541824. As per Ex-P42 and Ex-P43 with entry at Sl.No.

50 the accused and deceased were at the same place from where the accused kidnapped the deceased. The deceased was last seen alive by PW3 with the accused in MO-9 car. The accused was identified by PW3. The evidence of PW3 clearly proved that the deceased was last seen alive by PW3 in the company of the accused until the dead body of the deceased was discovered at the instance of the accused.

49.The accused used MO-9 car belongs to PW5. Previously the accused and PW5 worked together in Maruthi tyres

Showroom at LB Nagar, Uppal Road, for a period of 2 years. In order to establish the fact that the accused known to PW5. The

Dt.14.08.202349Spl.S.C.No.268 of 2019 accused with his mobile number 8309245504 called to the PW5 whose mobile number 8367587961 on several times and in order to prove the said fact PW20 got examined and marked

Ex-P36. As per Ex-P36 there are nearly more than 80 calls between the accused and PW5 from 04.05.2019 to 27.08.2019.

50.The evidence of PW5 who is the owner of the car i.e., MO- 9 clearly proved that the accused brought the car from PW5, from Hyderabad to Jadcherla on 27.08.2019 after noon. The

CCTV footages collected from PW-8 in Ex-P8 proved that MO-9

Car was passed through Raikal Toll Plaza, the accused seated in the driving seat of MO-9 extended his hand to the cabin room to purchase the ticket the accused wore MO-12 and MO-15 the same were seized under Ex-P15 panchanama. CCTV footages collected from PW-8 and it is Ex-P8. The accused while coming from Hyderabad to Jadcherla he passed through Raikal Toll

Plaza at 15:37 Hours which is proved by the evidence of PW8 with Ex-P8. Ex-P8 is the pen drive consisting of 6 files which clearly shows that the accused passed through Toll Plaza from

Hyderabad to Jadcherla and vice versa. As per the evidence of

PW-27 who is the investigating officer, Jadcherla proves that CC

Dt.14.08.202350Spl.S.C.No.268 of 2019

Cameras are installed at Flyover Bridge Jadcherla, and RTC Bus stand area Jadcherla. CC Cameras are fixed at the shop of PW-9 covers the road from Jadcherla to Mahabubnagar. PW-4 running tea stall on the main road of RTC Bus stand Jadcherla. The evidence of PW-4 further proves that the accused came down through MO-9 car and parked the car for the purpose of having tea and cigarette in the shop of PW.4. The accused after having the tea and cigarette left towards Mahabubnagar. As seen from the above evidence the accused came to Jadcherla in MO-9 car and parked the car at the tea stall of PW-4 and later proceeded on the road leading towards Mahabubnagar after picked up the deceased in MO-9 Car the same is witnessed by PW-4.

51.The accused proceeded towards scene of offence which is near to Shankaraiahpally Thanda Road. After arrest of the accused by PW-25 the accused made confession under Ex-P10

before the mediators PW-12 & PW-13 and lead to the scene of

offence where dead body of the victim was found. The dead body of the victim was discovered at the instance of accused.

Dt.14.08.202351Spl.S.C.No.268 of 2019

52.It is proved from the evidence of PW-12, PW-13 and PW- 25 that the accused insisted the deceased to fulfill his lust but the deceased was refused and meanwhile, while the deceased was receiving calls from her mobile, the accused picked up the said mobile i.e., MO.1 and thrown away. The accused committed rape on the deceased girl. The accused beat the deceased girl with MO.8 stone. Ex.P4 which are photographs of the scene of offence and dead body of the deceased. PW-12,

PW-13, PW-23, PW-24 and PW-25 found the dead body of the girl with half naked on the upper portion and that the wearing apparels, footwear and mobile phone were scattered on the ground. The head of the deceased sustained with blood towards left side of her face and beside her there was MO.8

Stone which shows the intention of the accused that when the deceased minor girl refused the accused, then the accused chased her, committed rape and finally killed her. The accused with pre-meditated took the deceased girl to the lonely secluded place with a view to commit offence on the deceased girl. Here, the accused intentionally committed the offence after knowing the consequences. Nothing is elicited during the cross examination of prosecution witnesses to discredit the

Dt.14.08.202352Spl.S.C.No.268 of 2019 case of the prosecution and there is no material contradictions and omissions found in the evidence of prosecution witnesses.

53.PW1 and PW2 who are the Parents of the deceased identified the deceased at the crime scene and seized MOs.1 to

7. The accused beat the deceased with MO-8 Stone. PW-15 who is the medical officer conducted autopsy over the body of the deceased and found that lacerated wound over left temporal region of the head, scalp contusion 8 c.m x 6 c.m. over left temporal region of the scalp, communitted fracture of left anterior cranial fossa. The said injuries possible with MO-8 stone. The cause of death is due to head injury which is proved through Ex-P18. It is proved from the evidence of PW-15 with

Ex-P20 that spermatozoa detected positive of spermatozoa and possibility of sexual intercourse. The accused after committing the offence he parked the car i.e., MO-9 at the house of PW-5 on the same day around 8:00 to 8:30 PM. Later the accused concealed MOs 10 to 15 in his sister’s house. The accused leads the mediators to his sister’s house that is the house of

Navya at Allamdevi Cheruvu, the accused went to bathroom and brought Pant, Shirt which are wrapped in a newspaper. On

Dt.14.08.202353Spl.S.C.No.268 of 2019 perusal of shirt and pant the shirt is a Half shirt Ash color with blood stains and Pant is Blue color and it is a Jeans pant contained blood stains underneath Knees portion. The accused went inside the house and brought the concealed articles on perusal of it they are cell phone with 2 Sims, Samsung Charger, steel Hand Kadiyam which is worn to the hand, gold ring studded with 20 stones, a purse consisting of Rs.630/- cash and

Metro card. These material objects are seized under Ex-P17

Panchanama and the above said material objects are marked as MOs 10-15 as MO-10 is blue color Jeans Pant, MO-11 is the ash Color Half Shirt, MO-12 is steel Kadiyam, MO-13 Black color

Q-6 Model Dual SIM Cell phone along with Sim Cards, MO-14

Black color money purse(Wallet) Consisting of Rs.630/- cash and Metro Card, MO-15 White stones gold ring (20 Stones).

54.As seen from the above evidence, the accused got acquaintance with the deceased through Social Media by using the Mobiles (i.e., MO-1 and MO-13) and the accused came to

Jadcherla on 27.08.2019 at evening hours in MO-9 Car belongs to PW5 and kidnapped the victim, the same is witnessed by

PW3 and PW4 and with Ex-P45 and Ex-P46, committed rape on

Dt.14.08.202354Spl.S.C.No.268 of 2019 the deceased which is proved by the evidence of PW15 with Ex-

P18 to Ex-P21 and killed the victim with MO-8 which is proved by the evidence of PW15 with Ex-P18. The above evidence of

PW1 to PW27 with Ex-P1 to P74 and the Material Objects MOs1 to MO-17 proves the chain of evidence that the accused committed the offences without leaving any doubt.

Accordingly, this court found the accused guilty of the offences

U/Ss.363, 364, 366-A, 354(D)(1)(i), 376(3) and 302 of IPC and

Sec.5(i) r/w. Sec.6, Sec.5(l) r/w. Sec. 6 and Sec.9(l) r/w. Sec.10 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67 of Information Technology Act.

Typed to my dictation by the Typist, corrected and pronounced by me in the open Court, on this the 14th day of August, 2023.

I Addl.District and Sessions Judge, FAC. The Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Mahabubnagar

Dt.14.08.202355Spl.S.C.No.268 of 2019

55.Heard the accused with regard to quantum of sentence to be imposed on him. The accused replied that he is having parents and they are admitted in the hospital.

56.The offence U/Sec. 302 of IPC is punishable with death or imprisonment for life and also with fine. The accused murdered the minor girl after knowing her tender age. Hence, he does not deserve any mercy or consideration.

57.In the result, accused is convicted U/Sec. 235(2) Cr.P.C., for the offence U/Sec. 363 of IPC, and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.500/- (Rupees five hundred only) in default of payment of fine, to suffer simple imprisonment for three months.