IN THE COURT OF THE PRL. DISTRICT AND SESSIONS
JUDGE-CUM-SPL. SESSIONS JUDGE FOR TRIAL OF CASES
UNDER POCSO ACT, AT NARAYANPET.
THURSDAY, THIS THE 26th DAY OF MARCH, 2026
Present:- SRI. BOYA SRINIVASULU, Prl.District and Sessions Judge, Narayanpet.
SESSIONS CASE (POCSO) No.57 OF 2024
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1.Complainant::The State represented by the Circle Inspector of Police, Narayanpet Circle.
2.Name of the accused:: Gujjala Kashappa @ Kashi S/o. Gujjala Narsimulu, Age: 21 years, Occ: Coolie, R/o. Bairamkonda village of Narayanpet Mandal.
3.Crime No.::97/2024 of PS Damargidda.
4.Prosecution conducted By::Sri B.Prabhakar, Special Public Prosecutor, Narayanpet.
5.Defence conducted by::Sri K.Narsimulu, Counsel for the Accused.
6.Charges::U/Secs.137(2), 87, 64(2)(m) of BNS, Sec.5(l) r/w. 6 of POCSO Act 2012.
7.Plea of the accused::“Not guilty”
8.Finding of the Court::“Found not guilty”
9.Result :: In the result, the Accused is found not guilty for the offences punishable U/Secs.137(2), 87, 64(2)(m) of BNS, Sec.5(l) r/w. 6 of POCSO Act 2012 and accordingly, he is acquitted under Section 255 of BNSS for the said offences. The bail bonds of the accused shall be in force for a period of six months from this date. The unmarked case property, if any, shall
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be destroyed after expiry of appeal time. =======================================
This Sessions case came before me on 23.03.2026 for final hearing; after hearing the arguments of Sri B.Prabhakar, Special Public Prosecutor for the State and that of Sri K.Narsimulu, Counsel for accused; upon perusing the material available on record and having stood over for consideration till this day, this court delivered the following:-
-:: J U D G M E N T ::-
1. The State represented by the Circle Inspector of Police,
Narayanpet Circle has laid a charge sheet against the accused in
Crime No.97/2024 of PS Damargidda charged U/Secs.137(2), 87, 64(2)(m) of BNS, Sec.5(l) r/w. 6 of POCSO Act 2012 with the following allegations:-
i) The brief fact of the case are that, on 03.08.2024 at about 1400 hours the PW11/Raju, SI of Police, PS Damargidda received a complaint from complainant PW1/Mother of the victim in which she stated that, she is blessed with two sons and one daughter.
Her victim daughter has been studying Intermediate in
Government Junior College at Damargidda Village. On 02.08.2024, PW1 along with her husband went to labour work and victim girl went to college. After completion of work, when they returned home evening at about 0500 hours, they found their daughter missing. They searched for their daughter in surrounding village and at relatives home, but could not trace
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her out. They were suspicious about one person who used to move closely with their daughter. Finally she requested to take legal action as per law.
ii)It is further contended that, based on the contents of the above complaint the PW11/Raju, SI of Police, PS Damargidda registered a case in Cr.No.97/2024, U/Sec.137(2) of BNS and took up the investigation.
iii)It is further contended that, during the course of the investigation, PW11/Raju, SI of Police, PS Damargidda examined and recorded the statement of PW1/complainant under section 180 BNSS and visited the complainant’s house, where he examined and recorded the statement of PW2/Father of the
Victim U/sec.180 of BNSS and made efforts to trace out the victim and suspect.
iv) It is further contended that, while the efforts were made to trace out the victim, on 08.08.2024 at about 1900 hours,
Victim/PW3 along with PW1/Mother of the victim came to PS
Damargidda. Immediately, PW11 sent the victim girl to Sakhi centre for safe custody. On 09.08.2024 at 1230 hours victim girl was produced before Bharosa centre, Narayanpet to examine and record her statement. Accordingly, PW10/M.Sunitha, SI of
Police, I/c. Bharosa Centre, Narayanpet examined and recorded
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the statement of victim girl U/sec.180 BNSS, in which the victim girl stated that she is a resident of Damargidda village and
Mandal. She has one elder and one younger brother. She completed her 1st to 5th class in Girls Primary School at her village, 6th to 10th class in ZPHS in Damargidda village. Presently she is studying Intermediate 1st year in Government Junior
College, Damargidda village. While she was studying in 10th standard, one day when she went to her maternal grandmother house at Bairamkonda village of Narayanpet Mandal, there she got acquainted with the accused, who is the son of her relative, where they exchanged their phone numbers and used to chit chat frequently and eventually both fell in love. Later, on observing the same, the parents of victim scolded her, as such she stopped talking with the accused. After completion of her 10th standard when she used to stay at home in the mean time she used to talk with accused over phone. One day in the month of May-2024 he came to her home in the absence of her family members, repeatedly subjected her to sexual intercourse forcefully without her consent. As the victim girl kept talking to the accused, observing the same her parents warned her and decided to perform her marriage by searching another alliance.
As such she informed the same to accused, for which he pro proposed her intending to marry her by meeting her somewhere
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else, accordingly she accepted his proposal. On 02.08.2024 in the afternoon hours she came out from her house and boarded a bus and reached Narayanpet, where she met accused and from there both went to Hyderabad in a bus and from there they went to Yadagiri gutta and stayed in temple for 03 days. On 06.08.2024 they both again went to Hyderabad and stayed at one of his friends house for 02 days. Later, the accused came to know that a kidnap case is filed against him at PS Damargidda, so on 08.08.2024 he brought victim girl to Damargidda and dropped her in the village and fled away.
v) It is further contended that, based on the statement of
PW3/victim-girl, the PW11/Raju, SI of Police, PS Damargidda added the section of law 87, 64(2)(m) of BNS and Sec.5(l) r/w 6 of POCSO Act to Sec.137(2) of BNS and dispatched Express
Section alteration memo to the Hon’ble court and concerned officers including PW12. Later, PW11 referred the victim girl to
Government District Hospital, Narayanpet for medical examination and report.
vi)It is further contended that, later, after returning from CL
PW12/B. Shiva Shankar, CI of Police, PS Narayanpet took up the further investigation as the offence is grave in nature and visited the house of victim situated at Damargidda village, where he examined and re-recorded the statements of PW1 & PW2 and
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PW4 i.e., parents and brother of the victim U/sec.180 of BNSS, where victim showed the scene of offence situated in her house.
As such PW12 secured the presence of two mediators i.e.,
PW6/B.Ramesh and PW7/Boya Laxmappa and conducted scene of offence panchanama and drawn rough sketch by preparing
CDF.
Vii) It is further contended that, during the further course of investigation PW12 visited Government Junior College,
Damargidda village and collected Bonafide Certificate of victim from PW5/S.Anand Kumar, Principal Government Junior College,
Damargidda village and examined and recorded his statement
U/sec.180 of BNSS. As per the Bonafide Certificate the date of birth of victim is mentioned as 29.07.2007.
viii)It is further contended that, while the investigation is in progress to apprehend the accused person, on 27.08.2024 on credible information PW12 along with deputed ID party rushed to
Bairamkonda Village and apprehended the accused at his residence at 0900 hours and brought him to CI office at 1000 hours and produced him before PW12. On thorough interrogation the accused has voluntarily admitted his guilt. After completion of the said process, affected the arrest of accused and informed the grounds of arrest to accused and his relatives. Later the accused was produced before Medical Officer for medical
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examination, potency and health statue certificate. After completion of above process the accused was sent for judicial custody.
ix)It is further contended that, PW8/Dr.Himaja, Civil Assistant
Surgeon, Government District Hospital, Narayanpet examined the victim girl and preserved her vaginal swabs in the glass slides and forwarded the same to TSFSL, Hyderabad for analysis vide SER/1861/2024.
x) It is further contended that, LW12/A.Raja Naik, a Professor,
TSFSL, Hyderabad has analyzed the vaginal smears of victim and furnished report stating that, “Semen and spermatozoa are detected”. Later, LW13/G.Pandu, Assistant Director, FSL,
Hyderabad extracted DNA from vaginal smears of victim and A male DNA profile has been generated and recorded. Based on the FSL report, the medical officer PW8/Dr.Himaja, Civil Assistant
Surgeon, Government District Hospital, Narayanpet furnished her final opinion and opined that “There is medical evidence to prove that sexual assault has been happened”.
xi) It is further contended that, PW9/Dr.Bhargava Reddy, Civil
Assistant Surgeon, Community Health Centre, Maddur examined the potency of accused and furnished his opinion stating that “It can be concluded that there is nothing to suggest that the
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individual examined is not capable of performing sexual intercourse”.
xii) It is further contended that, during the course of investigation, PW11 filed a requisition before the Hon’ble court to record the statement of victim. As per the request of LW14/Smt.
Syed Zakkiyah Sulthanan, Addl.JFCM, Narayanpet recorded the statement of PW3/Victim U/sec.180 of BNSS.
2. This case was taken on file by this court against the accused vide S.C (POCSO) No.57 of 2024, U/Secs.137(2), 87, 64(2)(m) of
BNS, & Sec.5(l) r/w.6 of POCSO Act, 2012 and proceeded with case against the accused. On appearance of the accused before this court, all the case documents on which the prosecution has relied upon were furnished to him as required under Section 230
BNSS.
3.On 11.02.2025, the accused was examined under section 251 of BNSS by explaining the accusation made against him, wherein he denied the commission of offence, whereupon charges U/Secs.137(2), 87, 64(2)(m) of BNS, & Sec.5(l) r/w.6 of
POCSO Act, 2012 were framed against the accused and read over and explained to him in Telugu, for which, he pleaded not guilty and claimed to be tried.
Dated: 26.03.2026 9 S.C.(POCSO) No.57 of 2024
4.At the time of trial, the prosecution has examined PWs 1 to 12 and got marked Exs.P1 to Ex.P13 documents. The prosecution has given up the evidence of remaining witnesses namely
LW12/A.Raja Naik, Assistant Professor of TSFSL, Hyderabad,
LW13/G.Pandu,AssistantDirector,FSL,Hyderabad,
LW14/Smt.Syed Zakiyyah Sulthana, Addl.Judicial Magistrate of
First Class, Narayanpet, in view of the hostile evidence of the
victim-girl and other material witnesses.
5. On closure of the evidence of the prosecution, the accused is examined U/Sec.351 of BNSS by explaining the incriminating circumstances appearing against the accused found in the evidence adduced by the prosecution and proceeded with the judgment.
6.Heard the arguments on both sides and perused the relevant record.
7. Now the point for determination is:
Whether the prosecution is successful in bringing home the guilt of the accused for the offences punishable U/Secs.137(2), 87, 64(2)(m) of BNS, & Sec.5(l) r/w.6 of POCSO Act, 2012, beyond all reasonable doubts ?
POINT:-
8.PW1 and PW2 are the parents of the victim. PW4 is the brother of the victim, PW7 is the Paternal Grandfather of the victim. PW5 is the Principal, who issued Bonafide certificate of the victim. PW6 and PW7 are the Panchayathdars in whose
Dated: 26.03.2026 10 S.C.(POCSO) No.57 of 2024
presence Crime details form was prepared. PW8 is the Medical officer, who examined victim. PW9 is also another Medical officer, who examined the accused. PW10 is the women SI of Police, who recorded the statement of the victim and PW11 is the SI of
Police, who registered the case and visited the scene of prepared crime details form then filed Section alteration memo. PW12 is the Circle Inspector of Police, Narayanpet visited the scene of offence and after completion of the investigation, he laid the charge sheet.
9. Here, PW1, PW2 and PW4 are the parents and brother of the victim, they deposed that the accused is their relative.
Particularly, he is the son of brother of PW1. In other words, the accused is the Maternal uncle of the victim. As per their evidence, the victim went to college but did not returned back to house and thereby PW1 Lodged a complaint, which is marked as
EX.P1. The accused also not found in the village. After 05 days the victim came to their house. On enquiry the victim informed her parents that the accused took her to Hyderabad, where he sexually assaulted her and from there he took her to
Yadgirigutta. The accused forcefully taken away the victim girl.
During the cross examination PW1 stated that there are no social visits between their family and the family of the accused. PW1 denied the suggestion that they are trying to perform the
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marriage of the victim against her will, thereby she left from the home.
10. PW2 who is the father of the victim, admitted that they are trying to search for marriage alliance to perform the marriage of victim without her consent. PW4 who is the brother of the victim also admitted that they are trying to search for marriage alliance to perform the marriage of his victim sister without her consent.
11. Victim got herself examined as PW3 and she admitted her relationship with her parents and her brother. She further deposed that the accused never took her anywhere including
Yadgirigutta and Hyderabad and the accused never committed any sexual assault on her, the accused not committed any offence. However, she gave statement before the Magistrate as per the instructions of some of her relative.
12. PW5 is the Principal of Government Junior College,
Damargidda, who issued Bonafide Certificate of the victim girl, which is marked as Ex.P3. PW6, is the panch witness to the scene, he stated that police came to the house of victim. Ex.P4 is his signature on CDF. PW7 is the Grandfather of the victim, he stated that the police came to their house and conducted the panchanama. Neither PW6 nor PW7 deposed about any of the contents of the CDF, they did not stated for what purpose he panchanama was conducted by the police.
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13. PW8 is the Medical officer, she examined the victim. Ex.P5 to Ex.P7 are Preliminary examination report, FSL report and Final opinion. As per Ex.P7 final opinion there is recent sexual intercourse. PW9 is another Medical officer who examined the accused and deposed that the accused is potent, accordingly, he issued Ex.P8 Potency test report.
14. PW10 is the Women SI of Police, who recorded the statement of victim as Ex.P2, whereas PW11 SI of Police, who registered the case, visited the scene of offence observed the scene in the presence of PW6 and PW7 and prepared CDF which is marked as Ex.P10. Later, PW11 referred the victim girl to Sakhi centre, Narayanpet and send her for Medical examination. Later, he filed section alteration memo as Ex.P11, but he admitted that he has not examined the neighbors of the victim.
15. PW12 is the Circle Inspector of Police, he examined and recorded the statement of PW10 and visited the scene of offence at the victim house and conducted scene of offence panchanama in the presence of mediators and prepared CDF which is marked as Ex.P12. The 180 of BNSS statement of the victim is marked as
Ex.P13. After collecting all the documents he filed charge sheet.
16. During the cross examination PW12 admitted that the victim went to the house of accused and stayed there for 02 days in Hyderabad, but he did not ascertain the details of the accused.
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17. As seen from the evidence of above witnesses, PW1, PW2 and PW4 who are the parents and brother of the victim, whose evidences are not supported by the evidence of victim. Similarly,
PW8 is Medical officer, who examined the victim, her medical evidence is also not supported by the evidence of victim. PW6 and PW7 failed to prove the contents of the CDF. Ex.P13 is the 180 statement of the victim, who deposed that she gave statement before the Magistrate on the instructions of some of her relative. Ex.P12 CDF is not proved by the Panchayathdars. As seen from the above evidence the prosecution is failed to prove the guilty of the accused beyond reasonable doubt. Hence, benefit of doubt is given to the accused.
RESULT:-
In the result, the Accused is found not guilty for the offences punishable U/Secs.137(2), 87, 64(2)(m) of BNS, Sec.5(l) r/w. 6 of
POCSO Act 2012 and accordingly, he is acquitted under Section 255 of BNSS for the said offences. The bail bonds of the accused shall be in force for a period of six months from this date. The unmarked case property, if any, shall be destroyed after expiry of appeal time.
Dictated to the Stenographer Gr.III, transcribed and typed by her, corrected and
pronounced by me in open court, on this the 26th day of March, 2026.
PRL.DISTRICT AND SESSIONS
JUDGE-CUM- SPL.SESSIONS JUDGE FOR
TRIAL OF CASES UNDER POCSO ACT
NARAYANPET
Dated: 26.03.2026 14 S.C.(POCSO) No.57 of 2024
-APPENDIX OF EVIDENCE-
WITNESSES EXAMINED
FOR PROSECUTION: -
PW1: Mother of the Victim.
PW2: Father of the Victim
PW3: Victim.
PW4: Brother of the Victim.
PW5: S.Anand Kumar – Principal, Government Junior College,
Damargidda.
PW6: B. Ramesh – Panch for the 1st scene of offence.
PW7: Boya Laxmappa - Panch for the 1st scene of offence.
PW8: Dr.Himaja – Assistant professor, Government Medical college, Narayanpet.
PW9: Dr.Bhargava Reddy – Civil Assistant Surgeon, Community
Health Centre, Maddur.
PW10: M.Sunitha – Women SI of Police, DCRB, I/c. Bharosa
Centre, Narayanpet.
PW11: Raju – SI of Police, PS Damargidda.
PW12: B.Shiva Shankar - CI of Police, Narayanpet Circle.
FOR DEFENCE: - -None-
-EXHIBITS MARKED -
FOR PROSECUTION:-
Ex.P1: Police report.
EX.P2: Section 180 of BNSS statement of PW3.
Ex.P3: Bonafide Certificate of PW3 issued by PW5.
Ex.P4: Signature of PW6 on CDF.
Ex.P5: Preliminary examination report issued by PW8.
Ex.P6: FSL report.
Ex.P7: Final opinion of PW8.
Ex.P8: Potency test report issued by PW9.
Ex.P9: FIR report by PW11.
Dated: 26.03.2026 15 S.C.(POCSO) No.57 of 2024
Ex.P10: Crime Details Form (CDF) by PW11.
Ex.P11: Section Alteration Memo framed by PW11.
Ex.P12: Crime Details Form (CDF) by PW12.
Ex.P13: Section 164 Crpc statement of PW3 recorded by JFCM,
Narayanpet.
FOR DEFENCE:- Nil-
MATERIAL OBJECTS MARKED, IF ANY:- -Nil-
PRL.DISTRICT AND SESSIONS
JUDGE-CUM- SPL.SESSIONS JUDGE FOR
TRIAL OF CASES UNDER POCSO ACT
NARAYANPET