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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
IN THE COURT OF THE SPECIAL SESSIONS JUDGE FOR EXPEDITIOUS TRIAL AND
DISPOSAL OF RAPE AND PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
(POCSO) ACT CASES :: BHUVANAGIRI.
Present :-Sri. Milind Kamble , Special Sessions Court Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Bhuvanagiri.
(Dated this the 28th day of April, 2026)
SC(POCSO).NO.240 OF 2021
(Cr.No.229/2021 of P.S.Choutuppal)
Name and description of The State through the Assistant Commissioner of the complainant:Police, Choutuppal-Division. Name and description of Hasina Baigari Sardar Basha, S/o.Shareef, Aged about the accused:20 years, Occ:Labour, present R/o.Lingampally, Old Ramachandrapuram, H.No.2-88, near GHMC Circle office-13, Hyderabad. N/o.Chinthakunta Village, Duvvuru Mandal, Kadapa District, Andhra Pradesh State. Offence charged:offence under sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of POCSO Act-2012 and section 3(2)(v) of SC/ST (POA) Act. Plea of the accused:Pleaded not guilty.
Finding of the Court:Not guilty
Sentence or Order :In the result, under section 235 (1) Cr.P.C., accused is acquitted for the offences punishable under sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of POCSO Act-2012, section 3(2)(v) of SC/ST (POA) Act. The bail bonds of the accused shall stand cancelled as per Section 437-A Cr.P.C. The case property i.e., MO-1 to MO4 shall be destroyed after expiry of appeal time, MO5 and MO6 shall be returned to its original after expiry of appeal time.
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
This session’s case is coming before me for final hearing and disposal in the presence of Smt S.Krishnaveni, Spl. P.P. for the State and Sri.B.Venkatesham Legal Aid Counsel for the Accused and after having stood over for consideration today the Court made the following :
:: JUDGMENT ::
01) The brief facts of the case are that:-
a) On 06.06.2021 at about 17:00 hours, LW1/YYYY gave a report to police stating that he has daughter who is aged about 16 years and that on 06.06.2021 at about 05:00 hours, while they were sleeping in the house at that time his daughter/LW4/XXXX went missing, he searched for his daughter/LW4/XXXX in the nearby houses and also at relatives houses but he could not trace out his daughter. Hence he filed this report to trace out his daughter.
b) Basing on the report, the LW25/Sub-Inspector of Police, Choutuppal has registered a case in Cr.No.229/2021, for the offence punishable under
Sections 366 of IPC and took up investigation.
c) During the course of investigation, LW25 has examined and recorded the statement of LW1/YYYY, later he visited the scene of offence situated at
Malkapur Village of Choutuppal Mandal and conducted scene of offence in the presence of mediators i.e., LW9/Yedla Yadagiri and
LW10/Jonnaganti Shivaji and drew its rough sketch. Thereafter LW25 examined and recorded the statements of LW2/ZZZZ and LW3/WWWW.
On 08.06.2021 LW25 along with staff visited the house bearing No.2-88,
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
Lingampally, Hyderabad and traced out the victim girl and brought the victim girl to Anganwadi Center Choutuppal where LW24/Women Sub-
Inspector of Police has examined and recorded the statement of victim girl/LW4/XXXX and also seized the clothes of victim girl which were wore at the time of offence, under the cover of panchanama in the presence of
LW11/Vishwapathi Sujatha and LW12/Md.Saffiya. Basing on the statement of victim girl, LW25 added the section of law 342, 376(2)(n) of
IPC, Section 5(l) r/w 6 of POCSO Act and Section 3(2)(v) of SCs/STs (POA)
Amendment Act to the existing section 366 of IPC and same is forwarded to all concerned. Then LW25 sent the victim girl to Government
Community Health Center Choutuppal for medical examination, which was conducted by LW18/Civil Assistant Surgeon, Choutuppal, who preserved vaginal smears for expert analysis.
Then LW26/Assistant Commissioner of Police was appointed as investigating officer as the offence pertains to SC/ST (POA) Act, on further investigation LW26 re-examined the Lws 1 to 3 at police station, later he also collected the bonafide certificate of victim girl from LW5/Headmaster of victim girl school, as per the bonafide certificate, it was concluded that the victim girl is minor as on the date of incident. On 09.06.2021 LW26 along with staff and victim girl visited the second scene of offence, where
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
the accused had sexual intercourse with the victim girl, he summoned the friend of accused who was in adjacent room and examined the friend as
LW6/Daddanala Azad and also examined the owner of the house.
Thereafter LW26 conducted second scene of offence panchanama in the presence of LW13/Chittampally Jangaiah and LW14/sukka Ravindar and drew its rough sketch. Later LW26 addressed separate letters to the
Tahsildars of Choutuppal Mandal and Duvvuru Mandal of Kadapa District,
Andhra Pradesh State to furnish caste certificates of the victim girl and accused. Accordingly same were collected.
On 10.06.2021 at about 06:00 hours, the LW25/Sub-Inspector of
Police apprehended the accused and produced before the LW26. During the course of interrogation, the accused confessed about committing the offence as such the confession statement of accused was recorded in the presence of mediators i.e., LW15/Perumandla Bixapathi and
LW16/Kalagoni Narsimha and one motorcycle bearing No.AP-39-FT-5684,
Samsung mobile phone and one blue colour jeans pant were seized from the possession of accused under the cover of panchanama. Thereafter the accused was sent to Community Health Center Choutuppal for potency test, which was conducted by LW19/Dr.J.Gopal Civil Assistant
Surgeon Choutuppal, who issued the potency report. Then
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
LW27/M.Shankaraiah assumed charge as Assistant Commissioner of
Police on the transfer of LW26, who on further investigation made a request to LW21/Hon’ble Principal Judicial Magistrate of First Class,
Bhuvanagiri to record the statement of victim girl under Section 164
Cr.P.C, accordingly LW21 recorded the same. On 26.08.2021 LW28/N.Uday
Reddy Assistant Commissioner of Police, Choutuppal Division assumed the charge, who on further investigation, forwarded the seized vaginal smears and clothes of victim girl to FSL for analysis. Basing on FSL report,
LW18/Dr.P.Subhashini, Civil Assistant Surgeon gave her final opinion.
Further LW28 made a request to LW22/Nodal Officer, Vodafone-Idea
Limited, Hyderabad and LW23/Nodal Officer, Reliance Jio Infocom Limited to furnish Customer Application Form and Call Data Record of mobile numbers of 9640988748 (victim girl) and 7659026866 (accused) for the investigation purpose and accordingly same was issued by LW22 and
LW23. Basing on the record available a charge sheet was filed for the offence under Sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of
POCSO Act-2012, section 3(2)(v) of SC/ST (POA) Act.
02)In view of the establishment of this court, the case was made over to this court for disposal according to law.
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
03) On appearance of the accused before this court, charges were framed for the offence Under sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of
POCSO Act-2012, section 3(2)(v) of SC/ST (POA) Act. The charges were read over and explained to the accused in Telugu, for which he pleaded not guilty and claimed to be tried as per law. As such, the accused was preceded with the case as he pleaded not guilty and claimed to be tried as per law.
04)On behalf of prosecution PW1 to PW11 are examined Ex.P1 to P25 and
MO1 to MO6 are marked.
05)The accused was examined under section 313 Cr.P.C., with reference to the incriminating evidence appearing against him in the evidence of prosecution witnesses. Accused denied such allegation and reported no evidence on his behalf in this case.
06)Heard both sides.
07)On consideration of the entire facts of the prosecution case, evidence let in and the arguments, the points that arise for consideration are :
1) Whether the prosecution proved the foundational facts of the case beyond reasonable doubt?
2) Whether the accused has committed the offences under
Sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of
POCSO Act-2012, section 3(2)(v) of SC/ST (POA) Act ?
08) The case of the prosecution is that the accused knowingly very well that the victim girl is a minor, he developed a relationship with her with sexual intent,
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
then he has kidnapped the victim girl and confined her in a room and committed penetrative sexual assault on her and thereby committed an offence under Sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of POCSO Act- 2012, section 3(2)(v) of SC/ST (POA) Act.
To substantiate the above said fact, the prosecution got examined PW1 to
PW11 and Ex.P1 to P25 and MO1 to MO6 are marked. Among the said witnesses, the father of victim girl who gave report to the police is examined as
PW1 and he categorically deposed that he lodged the report with the police but he does not know the contents of the report however he identified his signature on report and it is marked as Ex.P1.
09)PW2 is the victim girl, she categorically deposed that while studying intermediate second year at Thurkapally, she used to stay at hostel and she knows accused as he is her maternal aunt son, but however she categorically deposed that accused never harassed her in the name of love and marriage nor he kidnapped her. According to PW2 police took her to Area Hospital
Bhuvanagiri and also to the Principal Judicial Magistrate of First Class,
Bhuvanagiri where her statement was recorded. However she categorically deposed that police never examined her nor recorded her statement.
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
10)PW3 is the mother of victim girl, she categorically deposed that she does not know the accused and that her daughter never disclosed anything about accused. Police never examined her nor recorded her statement.
11)PW4 is the grandmother of victim girl, she categorically deposed that she does not know the accused and she does not know the facts of this case. Police never examined her nor recorded her statement.
12)All the material witnesses i.e., PW1 to PW4 did not support the prosecution case, as such they were cross examined at length by Learned
Special Public Prosecutor but however he was not successful in eliciting the facts that when they were examined by the police, they have stated to police as that in Ex.P2, Ex.P4, Ex.P5 and Ex.P6 respectively.
13)PW5 is the principal who gave bonafide certificate of victim girl under
Ex.P7. The said document is not in dispute. PW6 is the neighbor of rented room of accused, he categorically deposed that he does not know the facts of the case and police never examined him nor recorded his statement.
14)PW7 is the mediator for scene of offence panchanama, he categorically deposed that about two years back, he went to the police station at that time police have obtained his signature on some white papers and he identified his signature on Ex.P9.
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POCSO Court, Bhuvanagiri.
15)PW8 is the another mediator in whose presence the clothes of the victim girl were seized under the seizure panchanama i.e., Ex.P10.
16)PW9 and PW10 are the mediators, in whose presence scene of offence panchanama was conducted however these witnesses categorically deposed that police have obtained their signatures on some written papers but they do not know the contents of it. Both the witnesses identified their signatures on
Ex.P11, Ex.P12, Ex.P13 and Ex.P14 respectively.
17)PW11 is the investigating officer, according to him, PW1 gave report to police, basing on the report, LW25 registered crime and scene of offence panchanama was conducted in the presence of mediators and statement of victim girl was recorded by LW24 and also the statements of all other witnesses were recorded and section of law was altered, as the offence was grave in nature, then the investigation was taken up by other police officers who has conducted upgrade their role in different manner by examining the witnesses and concluding the record for the purpose of this case.
Through him the report given by LW1 to police is marked as Ex.P15, the
First Information Report is marked as Ex.P16, the first scene of offence panchanama is marked as Ex.P17, the second scene of offence panchanama is marked as Ex.P18, the caste certificate of victim girl is marked as Ex.P19, the caste certificate of accused is marked as Ex.P20, the medical examination of
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
victim girl along with FSL report is marked as Ex.P21, the Section 164 Cr.P.C statement is marked as Ex.P22, the customer application form, call data record along with section 65-B certificate of Indian Evidence Act of mobile number 9640988748 is marked as Ex.P23, the customer application form, call data record along with section 65-B certificate of Indian Evidence Act of mobile number 7659026866 is marked as Ex.P24, the recovery panchanama of mobile phone and bike is marked as Ex.P25, the mobile phone is marked as MO5 and
Black colour Samsung mobile phone is marked as MO6.
18)The above discussion clearly goes to show that except the evidences of
PW5/Principal of victim girl school and PW11/investigating officer, no other material witnesses have not supported the prosecution case. Once the material witness i.e., victim girl/PW2 did not support the prosecution case, there is nothing to believe that the accused has committed sexual assault on the victim girl. Even the medical examination of the victim girl under Ex.P21 cannot be relied upon as corroboration is required from the victim girl to believe that accused was the person who committed the offence. Therefore, prosecution failed to prove its foundational case. Once it is held that there is no foundational case of the prosecution, then it is held that prosecution failed to prove the guilt of the accused beyond reasonable doubt for the offence.
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POCSO Court, Bhuvanagiri.
19) In the result, under section 235 (1) Cr.P.C., accused is acquitted for the offences punishable under sections 366, 342, 376(2)(n) of IPC and Section 5(l) r/w 6 of POCSO Act-2012, section 3(2)(v) of SC/ST (POA) Act. The bail bonds of the accused shall stand cancelled as per Section 437-A Cr.P.C. The case property i.e., MO-1 to MO4 shall be destroyed after expiry of appeal time, MO5 and MO6 shall be returned to its original after expiry of appeal time.
Dictated to the Stenographer, transcribed by him, corrected and pronounced
by me in the open court on this the 28 th day of April, 2026.
Sd/-(Sri Milind Kamble)
SPL. SESSIONS JUDGE FOR EXPEDITIOUS TRIAL
& DISPOSAL OF RAPE AND POCSO ACT CASES,
BHUVANAGIRI.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION
PW-1 LW1YYYYComplainant and father of victim girl
PW-2 LW4XXXXVictim girl PW-3 LW2ZZZZMother of victim girl PW-4LW3WWWWGrandmother of Victim girl
PW-5LW5Rayapuraju ShobharaniIssued bonafide certificate of victim girl
PW-6LW6Daddanala AzadCo-Worker and adjacent tenant of rented room of accused PW7LW9Yedla YadagiriPanch witness for 1st scene of offence
PW-8LW11Vishwapathi SujathaPanch for seizure of clothes of victim girl
PW-9LW13Chittampally JangaiahPanch for 2nd scene of offence
PW-10LW14Sukka RavindarPanch for 2nd scene of offence
PW-11LW28N.Uday ReddyInvestigating officer
WITNESSES EXAMINED ON BEHALF OF THE DEFENCE
-Nil-
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SC.NO.240 of 2021
POCSO Court, Bhuvanagiri.
EXHIBITS MARKED ON BEHALF OF THE PROSECUTION
Ex.P1 is the Signature of PW1 on report
Ex.P2 is the Section 161 Cr.P.C statement of PW1
Ex.P3 is the Signature of PW2 on Section 164 Cr.P.C statement
Ex.P4 is the Section 161 Cr.P.C statement of PW2
Ex.P5 is the Section 161 Cr.P.C statement of PW3
Ex.P6 is the Section 161 Cr.P.C statement of PW4
Ex.P7 is the Bonafide Certificate of victim girl
Ex.P8 is the Section 161 Cr.P.C statement of PW6
Ex.P9 is the signature of PW7 on Crime Detail Form
Ex.P10 is the Cloth seizure panchanama of victim girl
Ex.P11 is the Signature of PW9 on 2nd scene of offence panchanama
Ex.P12 is the Signature of PW9 on 2nd rough sketch
Ex.P13 is the Signature of PW10 on 2nd scene of offence panchanama
Ex.P14 is the Signature of PW10 on 2nd rough sketch
Ex.P15 is the Report given by LW1 to police.
Ex.P16 is the First Information Report
Ex.P17 is the First scene of offence panchanama
Ex.P18 is the Second scene of offence panchanama
Ex.P19 is the Caste certificate of victim girl
Ex.P20 is the Caste certificate of accused
Ex.P21 is the Medical examination of victim girl along with FSL report
Ex.P22 is the Section 164 Cr.P.C statement of victim girl
Ex.P23 is the Customer Application Form, Call Data Record along with Section 65-B Certificate of Indian Evidence Act of mobile number 9640988748
Ex.P24 is the Customer Application Form along with Call Data Record along with Section 65- B Certificate of Indian Evidence Act of mobile number 7659026866
Ex.P25 is the Recovery panchanama of mobile phone and bike
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POCSO Court, Bhuvanagiri.
EXHIBITS MARKED ON BEHALF OF DEFENCE
--NIL--
MATERIAL OBJECTS
1.MO1 is the Red colour top with black and white flowers.
2. MO2 is the Navy-Blue colour legging.
3. MO3 is the Blue colour pettycoat.
4. MO4 is the Brown colour underwear.
5. MO5 is the Black colour Samsung mobile phone.
6. MO6 is the Pulsar Bike.
Sd/-(Sri Milind Kamble)
SPL. SESSIONS JUDGE FOR EXPEDITIOUS TRIAL
& DISPOSAL OF RAPE AND POCSO ACT CASES,
BHUVANAGIRI.