APVZ0E0000632025
IN THE COURT OF SPECIAL JUDGE FOR TRIAL OF CASES UNDER
POCSO SESSIONS JUDGE AT VIZIANAGARAM.
PRESENT: : Smt K.Nagamani
Special Judge, for Trial
of cases under POCSO Act, Vizianagaram.
Tuesday, this the 31st day of March, 2026
POCSO SC.No. 61/2025 (Cr.No.134/2025 of Nellimarla P.S.)
1. Name of the Complainant :State represented by the Sub-Divisional Police Officer, Vizianagaram
2. Name of the accused :Simmala Rama Kumar @ Sriram Kumar @ Ramu, S/o late Pydiraju, 20 years. Private Electrician, R/o SC colony, Nellimarla village, Vizianagaram District.
3. Charges : under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act, 2012 against accused.
4. Plea of accused: Accused pleaded not guilty for the offences under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act, 2012.
5. Finding of the Judge : The accused is found not guilty for the offences under sections 64(2)(m) and 89 of
BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO
Act, 2012.
6. Sentence or order : In the result, the accused is found not guilty for the offences punishable under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act 2012. Hence, he is acquitted under section 258 (1) of BNSS for the above said offences. M.O.1 shall be returned to PW1 after appeal time is over. M.O.2 shall be confiscated to the State after appeal time is over by destroying the dead Sims if any available in MO2. The bail bonds of accused shall be continued for 6 months, by undertaking to appear before the next Appellate court, if any appeal is preferred against him as required under section 481 of BNSS.
With regard to the granting of compensation to the victim girl i.e., PW1 is concerned, the prosecution failed to establish that PW1 was sexually exploited by the accused in this case. Therefore, she is not entitled for any compensation as prescribed under section 33(8) of POCSO Act read with 9 of POCSO Rules, 2020.
7. Prosecution conducted by: Special Public Prosecutor.
8. Defence conducted by : Sri D.Seetha Ramu, Legal Aid Counsel for accused.
This case is coming on this day i.e., on 31.03.2026 for final hearing before me in the presence of Special Public Prosecutor on behalf of complainant and of Sri
D.Seetha Ramu, Learned Legal Aid Counsel for accused and having been stood over for consideration till this day, this Court delivered the following:
J U D G M E NT
1. The State represented by the Sub-Divisional Police Officer, Vizianagaram filed charge sheet in Cr.No. 134/2025 of Nellimarla P.S., under sections 64(1), 78 and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act-2012, with the following case facts:-
(a).That while the victim girl is resident of Yatha veedhi, Ramatheerdam junction, Nellimarla village while she was studying 10th class in Government High
School, Nellimarla., accused got acquaintance with her when he came to arrange lighting to the marriage function of one of her street person who is brother in courtesy to her, since then accused used to follow her in the name of love, for which she also talked with him and both loved with each other. When she studying intermediate, they both used talk in parks at Vizianagaram and went to movies also.
On the occasion of her birth celebration i.e. on 18-05-2025, accused took her to his house, talked with sweet words and forcibly participated in sex with her in the bed room during absence of inmates on the pretext of marrying her, since then accused used to have sex with her on every Sunday at his house during absence of inmates. As she was unwell, on 06.08.2025 her father brought her to Government
Hospital, Nellimarla, where doctor examined and confirmed that she was pregnant, from there to Gosha Hospital, Vizianagaram and from to K.G.H., Visakhapatnam on 07-08-2025 for better treatment, since then she undergone treatment in KGH and she got aborted. Hence, she gave statement to the police against the accused.
(b). Basing on the statement of victim/PW-1, recorded by PW-9/WPC2220,
PW-11/SI registered the same as a case in Cr. No. 134/2025, U/s. 64(1) BNS and
Sec. 5(l), 5(j) (ii) of POCSO Act-2012 at Nellimarla Police station on 11-08-2025 at 6-00 PM., and submitted the original FIR along with the statement of the victim to the Court.
(c). During the course of investigation, PW13/SDPO examined the victim/PW-1 U/s. 180(3) BNSS in the presence of LW-3/Surampalli Ramayamma, who is the second wife of victim's father/PW-2 under videography of PW-4. Further, he visited the scene of offence at the house of accused along with the victim, accompanied by LW-3, examined the scene of offence, prepared scene observation report in the presence of mediators/PW-5 and LW-12 Jakkana Satyavathi, drawn rough sketch of the scene of offence and photographed the scene of offence by the private photographer/PW-4. Then, he secured witnesses, examined them as LW-2 to LW-10 I,.e., PW2, Surampalli Ramayyamma, Chodi Ramana, Juttada Ravi,
Mallarapu Lakshmi, Busari Ravi, Potnuru Geetha, Pws 3 and 4 and recoded their statements U/s. 180(3) BNSS. He arrested the accused in the presence of mediators i.e., PW5 and LW-12 Jakkana Satyavathi on 19-08-2025 at 08-30 AM., and recorded the confessional statement of accused and seized Realme V3 model mobile phone (IMEI No. 861437053192094 and 861437053192086) from the possession of the accused and sent the accused to the Court for judicial remand.
(d). PW13/SDPO forwarded the material objects of the victim and blood samples of accused to APFSL, Mangalagiri for DNA test. He obtained CDRs of the cell No. 8125901842 of the victim's father and cell No. 9966345298 of the accused.
He filed petition before the Court to send the accused for potency test and also filed memo before the Court to record the statement of the victim/PW-1 U/s. 183
BNSS and after receiving the documents and after completion of investigation, he filed charge sheet.
2. This case was taken on file for the offences under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) and 4 (2) of POCSO Act, 2012 against the accused.
03. After appearance of accused copies of case documents have been furnished and after hearing plea of accused under sec. 251 of BNSS, charges for the offences under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act, 2012, were framed against the accused, read over and explained to him in Telugu, for which he denied the same by pleading not guilty and claimed to be tried.
04. The prosecution got examined PWs 1 to 13 and Exhibits P1 to P.17 and Mos 1 and 2 got marked.
05. After completion of prosecution evidence, the accused was examined under Section 351 of BNSS by explaining the incriminating material available in the prosecution evidence, for which, the accused denied the material and reported no oral evidence.
06. Heard the arguments of the learned Special Public Prosecutor for prosecution and learned defence counsel. Perused the record.
07. Now the point for consideration in this case is,
Whether prosecution proved the guilt of the accused under Sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act, 2012, beyond all reasonable doubt ?
08.In order to establish the case of the prosecution, PWs 1 to 13 are examined and Exs. P1 to P.17 and Mos 1 and 2 got marked.
09.The case of the prosecution is, on 11.08.2025 evening on receipt of medical intimation from KGH, Visakhapatnam, PW9 on the instructions of their SI of
Police, rushed to KGH, Visakhapatnam and recorded the statement of the victim girl stated that she is resident of Yatha Veedhi of Ramatheerthalu Junction and she was born on 18.05.2009 and studied up to 10th class in Government High School at Nellimarla and presently studying intermediate second year at SVR College,
Vizianagaram. While she was studying 10th class, she got acquaintance with the accused when he came to arrange lighting to the marriage function of their street person. Since then he used to follow her in the name of love and both loved with each other, when she was studying intermediate, they both used to go to parks in
Vizianagaram and also to movies. Their love affair came to know to her mother and sister, on occasion of her birthday on 18.10.2025, the accused took her to his house, talked with sweet words and forcibly participated in sex with her in his bedroom in the absence of inmates on the pretext of marrying her. Since then the accused used to have sex with her on every Sunday at his house during the absence of inmates. As she was unwell, on 06.08.2025 her father taken away her to Government hospital at Nellimarla where Doctor examined her and confirmed that she was pregnant. Later she was sent to Ghosha hospital, Vizianagaram and from there to KGH, Visakhapatnam on 07.08.2025 for better treatment. Since then she was undergoing treatment in KGH, Visakhapatnam and her pregnancy was aborted. Hence, she requested to take action against the accused.
10.For that, the prosecution shall establish that the accused by knowing that the victim girl was minor, participated in sexual intercourse with her on several occasions and committed aggravated penetrative sexual assault towards her and caused miscarriage without her consent.
11.In this case, PW1 is the victim girl, PW2 is the father of the victim girl,
Pw3 is the Headmaster who issued the study certificate of PW1, PW4 is the private videographer who taken photos at the scene of offence and videographed the statement of the victim girl, PW5 acted as mediator at the time of scene observation and at the time of arrest of the accused, PW6 scribed the statements of the witnesses, PW7 examined the victim girl and issued letter to the police regarding treatment provided by her to PW1, PW8 collected the blood samples of the accused for DNA test, PW9 recorded the statement of the victim at KGH,
Visakhapatnam, PW10 also recorded the statement of the victim under section 180(3) of BNSS, PW11 registered the FIR, PW12 examined the victim girl and preserved the retained products for DNA test and issued medical reports, PW13 investigated the matter and arrested the accused and recorded his confessional statement and the in-charge DSP filed charge sheet.
12.PW1 is the victim girl and according to her at about 6 months back, when the accused came for doing electrical work infront of her house a dispute arose between PW2 and the accused and on the instance of police she signed on some papers. But she do not know its contents and she was not examined by the police and police taken away her to the hospital and to the court previously.
13.PW2 stated he do not know anything about this case and he was not examined by the police as per Ex.P.3.
14.PW3 stated PW1 studied in ZP Girls High School at Nellimarla from 6th class to 10th class and as per school record, her date of birth is 18.05.2009 and on the request of police, she issued the study and conduct certificate of PW1 and also attested on SSC mark list of PW1 which are marked as Exs.P4 and P5.
15.PW4 stated in the year 2025 on the directions of SI of Police,
Nellimarla, he went to SC Colony and took photos and videos of the scene of offence. Later he went to KGH, Visakhapatnam and recorded the statement of the victim, when it was recorded by Woman police and he handed over photos and pen-drive to the police.
16.PW5 stated on 18.08.2025 he acted as mediator in this case and police observed the house of one Simmala Ramu and prepared scene observation report, hence he signed on it. On 19.08.2025 police taken away them to water tank near
Anjaneya Swamy temple and they found the accused. On enquiry of police, accused confessed about the commission of offence and seized one black colour phone and he signed on confessional statement of accused.
17.PW6 stated when their DSP examined PW2 and other witnesses she drafted their statements.
18.PW7 stated on 06.08.2025 PW1 came to their hospital i.e.,
Government hospital, Nellimarla as out-patient by complaining excessive bleeding.
she found passing of vesicles indicating molar pregnancy. Then she collected the samples and sent her for pregnancy test and urine pregnancy test is positive. The patient refused to further treatment, therefore she gave O.P. ticket i.e., Ex.P.10.
19.PW8 stated when Nellimarla police brought the accused for collecting blood samples, she collected the same and sent the same to APFSL for DNA test.
20.PW9 stated when their SI of Police directed her to go to KGH,
Visakhapatnam, she went to KGH, Visakhapatnam on 11.08.2025 and recorded the statement of the victim girl and handed over the same to their SI of Police.
21. PW10 stated on 12.08.2025 on instructions of their DSP, she went to
KGH, Visakhapatnam and recorded the statement of the victim girl and handed over the same to their DSP.
22.PW11 stated on 11.08.2025 he received hospital information from
KGH, Visakhapatnam, then he sent PW9 to KGH, Visakhapatnam and he recorded the statement of PW1. Basing on that, he registered a case in crime no. 134/2025 under section 64(1) of BNS and section 5(l) r/w Section 6 and section 5(j)(ii) of
POCSO Act and issued original FIR.
23.PW12 stated she examined the victim girl on 07.08.2025 and on physical examination, there are no external injuries on the body and private parts of
PW1 and her hymen was not intact. She done urine pregnancy test to victim girl and it was positive and she is 11 weeks 5 days pregnant at the time of examination.
She sent the product of conception to APFSL, Mangalagiri, but the APFSL
Authorities concluded that the female DNA profile is identical with the female profile obtained from the victim girl which indicates that they are of same biological origin.
As the female DNA profile i.e., a piece of tissue is of the victim girl compared with the source of item no. 3 i.e, the accused is not possible. Hence no report was given by the APFSL Authorities.
24.PW13 stated he conducted investigation in this case and sent the material objects to APFSL, Mangalagiri for DNA test and obtained the study certificates of PW1 and accused and observed the scene of offence and taken photos at the scene and PW2 handed over one Vivo cellphone i.e., MO1. Then he seized the same. On 19.08.2025 he arrested the accused at Kothapeta water tank and recorded his confessional statement and seized MO2 from the possession of accused and sent the accused to Government hospital, Vizianagaram for collecting blood samples. Later he forwarded the accused to the court for judicial remand.
Subsequently in-charge SDPO received APFSL report and filed charge sheet.
25.As can be seen from the record available before this court, as per the evidence of PW3, the victim girl was born on 18.05.2009 and through PW3, Exs.P4 and P5 got marked. Ex.P5 is the attested copy of SSC certificate which clearly discloses that the date of birth of PW1 is 18.05.2009. Therefore, till now the victim girl is not attained majority, therefore through Ex.P5 proved by the prosecution that the victim girl was minor by the date of alleged incident.
26. The case of the prosecution is the accused by knowing that the victim girl was minor, participated in sexual intercourse with her, that means he committed rape and aggravated penetrative sexual assault towards the victim girl on several occasions and made her pregnant and later her pregnancy was aborted, but PW1, the victim girl did not support the prosecution case by stating that when dispute occurred between PW2 and accused, they approached the police and police obtained her signature on some papers. Therefore, her entire evidence no where disclosed about the alleged acts committed by the accused.
27.In respect of the confessional statement of accused is concerned, any confessional statement recorded by the police, that confessional statement of accused cannot be considered as it is inadmissible in eye of law.
28.When PW4 examined before this Court, Exs.P6 and P7 got marked.
Ex.P.6 is 6 photographs and Ex.P.7 is pendrive. As per the evidence of PW4, he took photos and video at the scene of offence and also videographed the statement of the victim at KGH, Visakhapatnam, but Ex.P7 pendrive not containing the video of the statement of PW1 recorded at KGH, Visakhapatnam. Therefore, there is no evidence before this Court as PW1 gave statement before Woman Constable.
29.As per the evidence of PW9, on 11.08.2025 on the instructions of their
SI of Police, she went to KGH, Visakhapatnam and recorded her statement. It is not her evidence that when she recorded the statement of PW1, the same was videographed by PW4. Whereas PW10 stated on 12.08.2025 she examined the victim girl at KGH, Visakhapatnam and got videographed the same. PW10 is not the woman Constable and she is working as SI of Police. Whereas PW4 stated he recorded the video of the statement of the victim, when it was recorded by woman
Constable. Therefore, the evidence of Pws 4 and 10 is not corroborating with each other and there is no other evidence before this Court to prove that the accused terminated the pregnancy of PW1 and he is responsible for the pregnancy of PW1.
30.As DNA report also discloses that as it is a molar pregnancy, no opinion can be given. Therefore, the DNA report also not discloses that the accused is the biological father of the fetus of the victim girl. Therefore, the prosecution miserably failed to establish the guilt of the accused under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of POCSO Act-2012 beyond all reasonable doubt.
Hence, he is entitled to acquittal.
31. In the result, the accused is found not guilty for the offences punishable under sections 64(2)(m) and 89 of BNS and section 6 r/w 5(l), 5(j)(ii) of
POCSO Act 2012. Hence, he is acquitted under section 258 (1) of BNSS for the above said offences. M.O.1 shall be returned to PW1 after appeal time is over.
M.O.2 shall be confiscated to the State after appeal time is over by destroying the dead Sims if any available in MO2. The bail bonds of accused shall be continued for 6 months, by undertaking to appear before the next Appellate court, if any appeal is preferred against him as required under section 481 of BNSS.
With regard to the granting of compensation to the victim girl i.e., PW1 is concerned, the prosecution failed to establish that PW1 was sexually exploited by the accused in this case. Therefore, she is not entitled for any compensation as prescribed under section 33(8) of POCSO Act read with 9 of POCSO Rules, 2020.
Dictated to the Stenographer Gr.III, transcribed by her, corrected, signed and
pronounced by me in open court, this the 31 st day of March, 2026.
Sd/- K.Nagamani,
Spl. Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012, Vizianagaram.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
PW1:Victim girl.
PW2:Father of the Victim girl.
PW3:G.M.Sarada.
PW4:Korada Ramesh.
PW5:Purada Venkataramana.
PW6:P.Atchiyamma. ((Woman Police Constable).
PW7:Dr.M.Tirumala Devi
PW8:Dr. P.Pragnya
PW9:G.Madhavi Kumari (Woman Police Constable).
PW10:B.Devi (SI of Police).
PW11:B.Ganesh (SI of Police).
PW12:Dr. G.Harika
PW13:M.Srinivasa Rao (SDPO).
FOR DEFENCE: NONE.
EXHIBITS MARKED
Ex.P1:Signature of Pw1 on the report.
Ex.P2:Section 180 BNSS Statement of PW1.
Ex.P3:Section 180 BNSS Statement of PW2.
Ex.P4:Study certificate of PW1.
Ex.P5:Attested copy of SSC Mark list of PW1.
Ex.P6:Six photographs.
Ex.P7:Pendrive containing only photos and videos of scene of offence (Video of the statement of PW1 not in Ex.P.7)
Ex.P8:Scene observation report.
Ex.P9:Confessional statement of accused.
Ex.P.10:Hospital O.P.ticket.
Ex.P.11:Statement of the victim girl/Pw1.
Ex.P.12:Original FIR.
Ex.P.13:Preliminary report.
Ex.P.14:Final opinion.
Ex.P.15:Rough sketch at 1st scene.
Ex.P.16:Potency certificate.
Ex.P.17:APFSL report.
FOR DEFENCE: -Nil-.
MATERIAL OBJECTS MARKED
M.O.1: Blue colour Vivo cellphone.
M.O.2: Black colour Realme cellphone.
Sd/- K.Nagamani,
Spl. Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012, Vizianagaram.
Copy submitted to the Honourable Registrar (Judicial), Hon’ble High Court of A.P., at Amaravathi, Nelapadu, Guntur District (by way of CD).
Copy communicated to:
1. The District Collector, Vizianagaram.
2. The Superintendent of Police, Vizianagaram.
3. The Director of Prosecutions, Vijayawada.
4. The Special Public Prosecutor, POCSO Court, Vizianagaram.
5. The secretary District Legal Services Authority, Vizianagaram.