Ms. N. Amaravati
Fast Track Special Court for expeditious trial and disposal of RAPE and POCSO Act Cases Medchal-Malkajgiri Dist. at Kukatpally
Kukatpally, ADJ Court Complex · Medchal Malkajgiri · Telangana
Based on 18 recent ordersMs. N. Amaravati, Fast Track Special Court for expeditious trial and disposal of RAPE and POCSO Act Cases Medchal-Malkajgiri Dist. at Kukatpally, is posted at Kukatpally, ADJ Court Complex, Medchal Malkajgiri, Telangana, India. 18 court orders on record since 2025. 10 judgments with full text available. Primarily handles SC cases.
Featured Judgments
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IN THE COURT OF THE FAST TRACK SPECIAL COURT FOR
EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND POCSO ACT
CASES, MEDCHAL – MALKAJGIRI DISTRICT AT KUKATPALLY
(DATED, THIS, THE 03 rd DAY OF SEPTEMBER, 2025)
PRESENT: Ms. N. Amaravathi,
Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Kukatpally FAC. Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Medchal
SESSIONS CASE NO. 14 of 2021
Name and description of :The State of Telangana through the Complainant.Addl. Superintendent of police (NC), I/C ACP Kushaiguda Divi- sion Rachakonda.
2.Name and description of:Abhiram Das @ Abhi @ Abahy- the accused das S/o. Mahender Das, age 34 years, Caste: Das, Occ:Labour, R/o. H.No.4-28, Weaker Section Colony, Ahmedguda Band- laguda, Keesara Mandal, Med- chal- Malkajgiri District. N/o. Kampada Village, Tikidi Post, Bhadrak District Odissa State.
3.Offenceswithwhich:U/Secs. 354-A of IPC and sec. 7 r/w 8 of POCSO Act, charged
4.Plea of the accused :Pleaded not guilty
5.Finding of the Judge:Found guilty
6.Sentence or Order:In the result, the accused is found guilty for the offences
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U/sec. 354-A of IPC and sec. 7 r/w 8 of POCSO Act, 2012 and he convicted U/Sec.235 (2) Cr.P.C.
7.Prosecution conducted by :Entrusted this case to Addi- tional Public Prosecutor as per the proceedings No.562/ A2/2025 dtd. 26.6.2925 by the Director of Prosecutions.
8.Defence defended by:Sri B.Vinod Kumar, Counsel
for accused.
This case coming on 18.07.2025 before me for hearing and disposal in the presence of Entrusted this case to Additional Public Prosecutor Sri V. Vijay Reddy, as per the proceedings No.562/ A2/2025 dtd. 26.6.2925 by the Director of Prosecutions. for the State of Telangana and in the presence of Sri B.Vinod Kumar , Advocate for the accused and after having stood over for consideration, this Court delivered the following:
:: J U D G M E N T ::
1. The accused stand charged for the offences punishable
U/Sec. 354-A of Indian Penal Code 1860 (hereinafter referred as IPC for brevity) and sec. 7 r/w Sec. 8 of the Protection of Children from
Sexual offences Act-2012 (hereinafter referred as POCSO Act for brevity).
2.The Addl. Superintendent of police (NC), I/C ACP Kushaiguda
Division Rachakonda, filed final report against the accused
U/sec.173 Cr.P.C. in Cr. No. 539 of 2021 with the following allegations in brief are as follows:
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i. On 09.07.2021, at 1.00 p.m, when Lw1 and Lw3 were in their shop, at that time, the accused went to their shop to purchase cigarettes, when LW3 gave him cigarettes, in the meantime, the accused caught hold of her chest and started pressing, then Lw3 made hue and cries. Immediately, Lw1 came out of the shop and tried to catch him, but the accused fled away. Thereafter Lw1 gave to report to police and the police registered it as a case in Cr. No.
539/2021, for the offences U/sec. 354-A of IPC and Sec. 7 r/w Sec. 8 of POCSO Act and investigated into. After the completion of investigation, filed final report. Hence, the charge,
3.After filing the final report by the police, cognizance was taken for the offences U/secs. 354-A of IPC and sec. 7 r/w Sec. 8 of POCSO
Act, and numbered as SC No.14/2021 by the Hon’ble Metropolitan
Sessions Judge, Cyberabad. Later, this case was transferred to this
Court for disposal according to law.
4. On appearance of the accused, case copies furnished to the accused as contemplated u/sec. 207 Cr.P.C, heard both sides.
Charges framed for the offences punishable U/sec. 354-A of IPC and sec. 7 r/w Sec. 8 of POCSO Act, , readover and explained to him in
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vernacular, for which, the accused person, pleaded not guilty and claimed to be tried.
5.In order to bring home the guilt of the accused, the prosecution examined PW1 to PW14 i.e the mother of victim/LW3 i.e
LW1 as PW1, father of the victim/LW3 i.e LW2 as PW2, the circumstantial witnesses LW4 and LW5 as PW3 and PW4, the owner of the accused LW6 as PW5, the other circumstantial witness LW7 as
PW6, the panch witnesses for the scene of offence panchanama LW9 and LW8 as PW7 and PW9, the panch witness for the confession panchanama LW10 as PW8, the medical officer LW13 as PW10, the victim girl/LW3 as PW11, the Woman Sub-Inspector of police LW12 as PW12, the investigation officer LW15 as PW13 and the other investigation officer LW16 as PW14 and the documents marked i.e.
Exs.P1 to P12 on its behalf.
6. The learned APP has given up the evidence of the prosecution witnesses LW11 & LW14.
7. After the completion of the prosecution side evidence, the accused was called for examination under Section 313 Cr.P.C., with regard to the incriminating material evidence in the evidence of
PW1 to PW14 and the accused denied the incriminating material
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evidence against him and reported no defence evidence. Hence, the defence evidence is closed.
8.Heard both sides. Perused the entire material on record.
9.Now the points for determination are :
1.Whether the victim girl is minor as per the date of the alleged incident as contemplated u/sec. 2 (1) (d) of POCSO Act?
2.Whether the prosecution has proved the guilt of the accused for the offences U/sec. 354-A of IPC beyond reasonable doubt?
3.Whether the prosecution has proved the guilt of the accused sec 7 r/w 8 of POCSO Act, beyond reasonable doubt?
10. POINT No.1:- Perused the evidence of the prosecution witnesses i.e, PW1 to PW5 and documents marked i.e., Ex.P1 to
Ex.P12. In order to prove the case of the prosecution that the accused committed the offence u/sec. 354-A of IPC and Sec. 7 R/w
Sec.8 of PCOSO Act, against the accused, it is just & necessary to prove the age of the victim girl/PW11. As per the charge sheet, the age of the victim girl/PW11 mentioned as 09 years and the prosecution filed the age determination of the victim girl/PW11 under Ex.P8 issued by the medical officer/PW8. The defence also did not dispute the age of the victim girl/PW11. Thatmeans, there is no dispute with regard to the age of the victim girl/PW11 was 09 to
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10 years as on the date of incident. Accordingly, point No.1 is nswered.
11. Point No. 2 & 3: Now the court has to be decided that the accused had committed the offences U/sec. 354-A of IPC and Sec. 7
R/w Sec. 8 of POCSO Act. According to the evidence of PW1, she is running Kirana Shop business, and on 09.07.2021, around 1:00 p.m, one unknown person wearing red colour T-shirt, came to their ship and asked for a cigarette, then her daughter I.e victim girl/PW11 gave him the cigarette, while the victim girl/PW11 giving him the cigarette, the said person placed his hand on her breast and squeezed, then the victim girl/PW11 cried. Immediately, she went to victim girl/PW11 and tried to catch the said person, but he fled away which is supported by the evidence of the father of the victim girl/
PW11 i.e PW2.
12. The circumstantial witnesses PW3 and PW4 testified that on 09.07.2021, around 1:00 p.m, they heard some cries, then they came out of the house and found PW1 chasing one person, then, they also followed her to catch the said person, who wore red colour
T-shirt and night pant, but could not catch. On enquiry, PW1 informed about the incident.
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13. The victim girl/PW11 testified that on 09.07.2021, around 1:00 p.m, one uncle went to their shop and asked for cigarette and she gave cigarette, in the meantime, he pressed her chest, then, she cried, by hearing the same, her mother/PW1 came and she identified the accused, which is supported by the evidence of PW1.
The witnesses PW1 to PW4 and PW11 were cross examined by the defence. In cross examination, the witnesses PW1 to PW4, PW11 denied that no alleged incident took place on the date of incident and at the instance of police filed false case against the accused.
Except the denials the defence failed to illicit adverse version of the witnesses PW1 to PW4 and PW11. The accused failed to adduce evidence in order to disprove the case of the prosecution. Hence, the evidence of PW1 to PW4 and PW11 reliable and trustworthy. In this regard, it is relied on decisions 1. Vijay @ Chinee Vs. State of
M.P. reported in (2010) SCC 191 and another decision 2. Ganesan
Vs. State represented by Inspector of police decided by our
Hon’ble Apex Court in Crl. Appeal No. 680 of 2020, wherein it was
held that“ Conviction can be based on sole testimony of victim if reliable and trust-worthy”.
14. A charge was framed for the offence punishable U/sec.
354-A of IPC i.e. contents of Sec. 354A IPC are as follows:
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Sec. 354A of IPC: Sexual harassment and punishment for sexual harassment :- (1)A man committing any of the following acts:
(i) physical contact and advances involving unwelcome and explicit sexual aventures; or
(ii)a demand or request for sexual favours; or
(iii)showing pornography against the will of a woman; or
(iv)making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3)Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either de- scription for a term which may extend to one year, or with fine, or with both.
A charge also framed for the offence U/sec. 7 r/w Sec. 8 of POCSO Act i.e.
The contents of Sec. 7 POCSO Act are as follows:
Sec. 7 of POCSO Act: Sexual Assault “Whoever, with sexual assault intent touches the vagina, penis, anus or breast of the child or make the child touch the vagina,
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penis, anus of breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.
The contents of Sec. 8 POCSO Act are as follows:
Sec. 8 of POCSO Act: Punishment for sexual assault.
“Whoever commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall be liable to fine”.
In the present case, the testimony of the victim/PW11 and mother of the victim girl/PW1 corroborated with the evidence of the circumstantial witnesses PW3 and PW4 and also with the evidence of the investigation officer/PW14. No infirmity, as such could be found in the evidence of the victim/PW11 and her parents PW1 and PW2, nor the evidence of the victim/PW11 smacks tutoring by her parents or anybody else to her.
15. The investigation officer/PW13 testified that on 09.07.2021 at 3:00 p.m, he received the report under Ex.P1
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from PW1 and registered the case in Cr. No. 539 of 2021 u/sec.
354-A of IPC and Sec. 7 & 8 of POCSO Act and issued First
Information Report under ExP9. He also visited the scene of offence and examined the witnesses and the victim girl/PW11 was got examined by the women police officer PW12 and conducted the scene of ofence panchanama under Ex.P6 in presence of the panch witnesses PW7 and PW9 who supported the version of the Investigation officer/PW13.
16. According to PW12, who recorded the statement of the victim girl/PW11 is that, she recorded the statement of the victim girl/PW11 and handed over the same to Sub-Inspector of police which is also supported by the investigation officer/PW13 and the victim girl/PW11 and her parents is PW1 and PW2.
17.According to the investigation officer/PW14 on 10.07.2021, at 12:30 p.m, the accused was arrested in Cr.
No.515/2021 of P.S. Jawaharnagar and the accused confessed the commission of offence in this case, as well as the offence in
Cr. No.515/2021 of Jawaharnagar P.S. and Cr.No. 324/2021 of
Keesara P.S and recorded the confession panchanama of the accused in presence of the panch witnesses PW8 and LW11.
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The investigation officer/PW14 testified that on 11.07.2021, he examined the owner of the accused and collected the CC TV footage on 09.07.2021 at his residence and copied in pen drive and also collected the certificate under section 65-B of Indian
Evidence Act, under ExP2 and also collected the CC TV footage from the President of Pragathi Nagar colony, collected the certificate under section 65-B of Indian Evidence Act and photographs under ExP4, ExP3, ExP4 and ExP5, which is supported by the evidence of the owner of the accused PW5 and the President of Pragathi Nagar colony PW6.
18. The investigation officer/PW14 further testified that he filed the requisition before LW14 on 14.07.2021 for conducting
Test Identification Parade and accordingly, the Test
Identification Parade was conducted by LW14 under ExP12.
Test Identification Parade proceedings under Ex.P12 disclose that the mother of the victim girl/PW11 i.e PW1 and the the victim girl/PW11 correctly identified the accused. The mother of the victim girl/PW11 i.e PW1 and the victim girl/PW11 also identified the accused before the court.
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19. There are no contradictions and improvisation about the investigation except the accused not send for DNA test. It is further relied on citation in 2021 SCC online Delhi 3957 between Rakesh Vs. State, wherein the Delhi High Court observed that:
“ By now it is well settled that the testimony of a victim in cases of sexual offences is vital and unless there are com- pelling reasons which necessitates looking for corrobora- tion of a statement, the courts should fine no difficulty to act as the testimony of the victim of a sexual assault alone to convict the accused. No doubt her testimony has to in- spire confidence. Seeking corroboration to a statement be- fore relying up as the same as a rule in such cases, would literally amount to adding insult to injury” - The court concluded that the statement of the child victim as of sterling quality. The combined evidence of the prosecution lays down foundational facts, which discloses that the commission of offence and this court find no reason to disbelieve or discredit the statement of the child victim. The evidence of the victim inspires the confidence. Hence, the victim evidence is very clear, reliable and trust-worthy. As such, the evidence of the victim girl/PW11 and her parents PW1 and PW2 is sufficient to believe that the accused committed the offence that he outraged
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the modesty of the victim girl/PW11 by touching the breast and committed sexual assault upon the victim girl/PW11, who is age of 09 to 10 years at the time of alleged incident, which attracts the ingredients of the offences u/sec. 354A of IPC and sec. 7 r/w sec. 8 of Pocso Act.
20. In view of the above discussion, the prosecution proved the guilt of the accused beyond reasonable doubt for the offence un- der section 7 r/w sec. 8 of POCSO Act. Therefore, this court has taken presumption under secs. 29 and 30 of the POCSO Act. The ingredients of Sec 29 of the POCSO Act and Sec.30 of the POCSO
Act are as under.
Sec. 29 - Presumption as to certain offences: Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.
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Sec.30 - Presumption of culpable mental state 1. In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
2. For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
In this present case, the prosecution prove the culpable mental state of the Accused. Hence, the accused has committed the offence under section 7 r/w Sec.8 of
POCSO Act.
21. Under Sec 29 and Sec. 30 of POCSO Act, there is also pre- sumption regarding the guilt of an accused. As a result, the pros- ecution has to lay down to prove the fundamental facts regarding
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the guilt of the accused. But the prosecution not of beyond rea- sonable doubt. Once facts are proved, the onus is on the accused to lead evidence to rebut the presumption under section 29 and
Sec.30 of the POCSO Act.
22. On considering the above discussion this Court safely concluded that the accused committed the offence U/Sec.354A of
IPC and Sec.7 r/w sec. 8 of POCSO Act, 2012.
23. Sec.42 of the POCSO Act deals: Alternative punishment:
The contents of Sec. 42 of POCSO Act is as follows:
“where an act or omission constitute an offence punishable under this Act and also under Sections 166-A, 354-A, 354-B, 354-
C, 354-C, 370, 370-A, 375, 376 (376A, 376 AB, 376B, 376C, 376D, 376DA, 376DB) (376E, Sec.509 of the Indian Penal Code or
Section 67-B of Information Technology Act, 2000 (21 of 2000)) then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only this act or under Indian Penal Code as provides for punishment which is greater in degree. Hence, the punishment prescribed U/Sec. 354A of IPC is lesser than the
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U/Sec.7 r/w sec. 8 of POCSO Act. Therefore, the accused is found guilty for the offence U/Sec.7 r/w sec.8 of POCSO Act.
24. The offence took place on 09.07.2021 and thereafter also and the report given on 09.07.2021. By virtue of Protection of
Children from Sexual Offences (amendment) Act, 2019 (Ac.25 of 2019) which come into force w.e.f. 16.08.2019. Sec.7 of POCSO
Act originally the punishment prescribed as under.
The contents of Sec. 7 POCSO Act are as follows:
Sec. 7 of POCSO Act: Sexual Assault “Whoever, with sexual assault intent touches the vagina, penis, anus or breast of the child or make the child touch the vagina, penis, anus of breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.
The contents of Sec. 8 POCSO Act are as follows:
Sec. 8 of POCSO Act: Punishment for sexual assault.
“Whoever commits sexual assault, shall be punished with imprisonment of either description for a term which shall
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not be less than three years but which may extend to five years, and shall be liable to fine”.
- Prior to the amendment of POCSO Act also of same punishment for sexual assault.
25. The above amendment 16.08.2019 is applicable in this case on hand as the offence took place on 09.07.2021 and thereafter also.
26 In the result, the accused is found guilty for the offences punishable U/secs. 354-A of IPC and sec. 7 r/w sec. 8 of POCSO
Act, 2012 of POCSO Act, and the accused is convicted
U/Sec.235(2) Cr.P.C for the said charge. The case property i.e
Mobile phone shall be confiscated to state after appeal time is over and MO2 and MO3 shall be destroyed after appeal time is over.
(Partly written by me and typed by the Stenographer G-I and partly typed to my dictation by the stenographer G-I and after correction, pro- nounced by me in the Open Court, on this the 03rdday of September, 2025).
SD/-
Fast Track Spl. Court for Expedi- tious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Kukatpally. FAC: Fast Track Spl. Court for Expe- ditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Medchal
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27. I would like to refer a decision of Hon'ble Supreme Court
State of Madhya Pradesh Vs Surendra Singh reported in AIR 2015
SC 3980, wherein it was held that,
"Justice demands that courts should impose punishments befitting the crime so that the courts reflect public abhorrence of the crime The court must not only keep in view the rights of the victim of the crime, but the society at large while considering the imposition of appropriate punishment. The court will be falling in its duty if appropriate punishment is not awarded for a crime which has been not only against the individual victim, but also against the society to which both the criminal and the victim belong.
From the aforementioned guidelines of Hon'ble Apex Court, let us determine the quantum of sentence.
28. HEARING ON QUANTUM OF SENTENCE:
Heard the accused with regard to the quantum of sentence, the accused stated that he did not commit any offence.
29. Having regard to the fact that the offence committed by the accused is grave in nature and against a minor girl who is age
as 09 to 10 years at the time of incident. The harm caused to
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minor bodily and mentally is irreparable This court relied on
citation of Hon'ble Apex Court in between Azhar Ali Vs.
State of West Bengal reported in (2013) 10 SCC 31 and
another citation of Hon'ble Apex Court in between State
of Rajasthan Vs. Srichand decided in Criminal Appeal
No.561/2009 dated 11.05.2015, wherein Hon'ble Apex
Court held that:
“when the offence is heinous in nature and against
woman, there is no reason for granting benefit of
probation to the perpetrator of such crime”. Hence, the accused cannot be given advantage of provisions of Probation of offenders Act.
- The Accused is sentenced to undergo Rigorous Imprisonment for a period of three (03) years and shall pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence punishable U/sec.
354A of IPC, in default of payment of fine amount, the accused shall undergo simple imprisonment for a period of three (03 ) months.
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-The Accused is sentenced to undergo rigorous
Imprisonment for a period of five (05) years and shall pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence punishable U/sec.7 R/w Sec.8 of POCSO Act-2012, in default of payment of fine amount, the accused shall undergo simple imprisonment for a period of three (03 ) months.
As per the record, the accused is sentenced to imprisonment for life in S.C.No.15 of 2021 as per the judgment
dated 19.04.2023 by the court of Fast Track Special Judge for
Expeditious Trial and Disposal of Rape and POCSO Act, cases
Medchal-Malkajgiri District at Malkajgiri.
- The accused shall undergo for the above sentences concurrently in this case. Further, the accused shall undergo the sentences imposed in this case i.e S.C. No.14 of 2021 with the sentences imposed in other two cases i.e S.C.No.13 of 2021 and SC.No. 15 of 2021 shall run consecutively.
- The remand period undergone by the accused from 11.07.2021 to till this day shall be set off as per Sec. 428 of the
Criminal Procedure Code.
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- The accused is informed about his right to prefer an appeal against this judgment and the availability of free legal aid.
- A free copy of judgment is furnished to the accused U/Sec 363 of Cr.P.C.
30. Compensation: The act committed upon the victim gilr /PW11 by the accused must have caused unbearable physical pain and mental trauma to her. The physical and mental agony inferred by the victim girl/PW11 cannot be compensated in terms of money. As per Rule 9 of the POCSO Act, this court is having power to award compensation to the victim. The victim girl/PW11 is aged about 09 years old at the time of incident and she may be under trauma, thereby, it is just and necessary to award compensation for an amount of Rs 50,000/- (Rupees fifty thousand only) to the victim girl/PW11 Therefore, it is a fit case to award compensation to the victim girl/PW11. So, having regard to the social status of the parents of the victim girl/PW11, this court considers it appropriate to recommend to the District Legal services Authority, Medchal-Malkajgiri District, to award a
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compensation of Rs. 50,000/- (Rupees Fifty thousand only) to him, which in the opinion of this court would provide some succour to her in times of hardship and distress.
31. Apart from the compensation awarded to the victim girl/
PW11, the court is of view that the fine imposed by this court against the accused shall be payable to the victim girl/PW11 towards rehabilitation.
32. This court recommends to the District Legal Services
Authority, Medchal-Malkajgiri District to award compensation of
Rs.50,000/- (Rupees Fifty Thousand only) to the victim girl/
PW11 from and out of the victim compensation fund, within one (01) month from the date of receipt of a copy of this judgment.
(Tped to my dictation by the stenographer G-I and after correction, pronounced by me in the Open Court, on this the 03rdday of September, 2025).
SD/-
Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Kukatpally. FAC: Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Med- chal – Malkajgiri District at Medchal
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:: APPENDIX OF EVIDENCE ::
WITNESSES EXAMINED
For the Prosecution:
PW1/LW1: XXX (Mother of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6)
PW2/LW2: XXX (Father of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6)
PW3/LW4: XXX (Neighbour of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6)
PW4/LW5: XXX (Neighbour of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6)
PW5/LW6: Sai Krishna Goud
PW6/LW7 : S. Muthaiah
PW7/LW9 : B. Vinay
PW8/LW10 : N. Vinay Kumar Reddy
PW9/LW8 : A. Veera Babu
PW10/LW13: Dr. Sarah Seemeen
PW11/LW3 : XXX (Victim girl) (Name is not disclosed as barred U/ sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6).
PW12/LW12: Kum. J. Chandana
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PW13/LW15: P. Shiva Naga Prasad
PW14/LW16: K. Shiva Kumar
For the Defence :
- None -
:: EXHIBITS MARKED ::
For the Prosecution:
Ex.P1 :Report date 09.07.2021
Ex.P2:CC TV foot-age in the form of pen drive pertaining to the house owner of the accused Ex.P3:Statement under section 65-B Indian Evidence Act
Ex.P4:Pen drive containing CCTV Footages of Pragathinagar, Dammaiguda. Ex.P5: Photographs
Ex.P6:Scene of offence panchanama
Ex.P7:Marked portion of the confession cum seizure pan- chanama Ex.P8: Age determination certificate of victim girl/PW11 issued by PW10.. Ex.P9:First Information Report
Ex.P10: Statement U/sec. 164 Cr.P.C statement of PW1
Ex.P11: Statement U/sec.164 Cr.P.C statement of PW11
Ex.P12: Test Identification Parade proceedings.
For the Defence:
- Nil –
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Material Objects Marked
For the Prosecution :
MO1 mobile phone MO2 Chocolates MO3 Liquor bottle
SD/-
Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Kukatpally. FAC: Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Med- chal – Malkajgiri District at Medchal
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IN THE COURT OF THE FAST TRACK SPECIAL COURT FOR
EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND POCSO ACT
CASES, MEDCHAL – MALKAJGIRI DISTRICT AT KUKATPALLY
(DATED, THIS, THE 03 rd DAY OF SEPTEMBER, 2025)
PRESENT: Ms. N. Amaravathi,
Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Kukatpally FAC. Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Medchal
SESSIONS CASE NO. 14 of 2021
Name and description of :The State of Telangana through the Complainant.Addl. Superintendent of police (NC), I/C ACP Kushaiguda Divi- sion Rachakonda.
2.Name and description of:Abhiram Das @ Abhi @ Abahy- the accused das S/o. Mahender Das, age 34 years, Caste: Das, Occ:Labour, R/o. H.No.4-28, Weaker Section Colony, Ahmedguda Band- laguda, Keesara Mandal, Med- chal- Malkajgiri District. N/o. Kampada Village, Tikidi Post, Bhadrak District Odissa State.
3.Offenceswithwhich:U/Secs. 354-A of IPC and sec. 7 r/w 8 of POCSO Act, charged
4.Plea of the accused :Pleaded not guilty
5.Finding of the Judge:Found guilty
6.Sentence or Order:In the result, the accused is found guilty for the offences
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U/sec. 354-A of IPC and sec. 7 r/w 8 of POCSO Act, 2012 and he convicted U/Sec.235 (2) Cr.P.C.
7.Prosecution conducted by :Entrusted this case to Addi- tional Public Prosecutor as per the proceedings No.562/ A2/2025 dtd. 26.6.2925 by the Director of Prosecutions.
8.Defence defended by:Sri B.Vinod Kumar, Counsel
for accused.
This case coming on 18.07.2025 before me for hearing and disposal in the presence of Entrusted this case to Additional Public Prosecutor Sri V. Vijay Reddy, as per the proceedings No.562/ A2/2025 dtd. 26.6.2925 by the Director of Prosecutions. for the State of Telangana and in the presence of Sri B.Vinod Kumar , Advocate for the accused and after having stood over for consideration, this Court delivered the following:
:: J U D G M E N T ::
1. The accused stand charged for the offences punishable
U/Sec. 354-A of Indian Penal Code 1860 (hereinafter referred as IPC for brevity) and sec. 7 r/w Sec. 8 of the Protection of Children from
Sexual offences Act-2012 (hereinafter referred as POCSO Act for brevity).
2.The Addl. Superintendent of police (NC), I/C ACP Kushaiguda
Division Rachakonda, filed final report against the accused
U/sec.173 Cr.P.C. in Cr. No. 539 of 2021 with the following allegations in brief are as follows:
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i. On 09.07.2021, at 1.00 p.m, when Lw1 and Lw3 were in their shop, at that time, the accused went to their shop to purchase cigarettes, when LW3 gave him cigarettes, in the meantime, the accused caught hold of her chest and started pressing, then Lw3 made hue and cries. Immediately, Lw1 came out of the shop and tried to catch him, but the accused fled away. Thereafter Lw1 gave to report to police and the police registered it as a case in Cr. No.
539/2021, for the offences U/sec. 354-A of IPC and Sec. 7 r/w Sec. 8 of POCSO Act and investigated into. After the completion of investigation, filed final report. Hence, the charge,
3.After filing the final report by the police, cognizance was taken for the offences U/secs. 354-A of IPC and sec. 7 r/w Sec. 8 of POCSO
Act, and numbered as SC No.14/2021 by the Hon’ble Metropolitan
Sessions Judge, Cyberabad. Later, this case was transferred to this
Court for disposal according to law.
4. On appearance of the accused, case copies furnished to the accused as contemplated u/sec. 207 Cr.P.C, heard both sides.
Charges framed for the offences punishable U/sec. 354-A of IPC and sec. 7 r/w Sec. 8 of POCSO Act, , readover and explained to him in
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vernacular, for which, the accused person, pleaded not guilty and claimed to be tried.
5.In order to bring home the guilt of the accused, the prosecution examined PW1 to PW14 i.e the mother of victim/LW3 i.e
LW1 as PW1, father of the victim/LW3 i.e LW2 as PW2, the circumstantial witnesses LW4 and LW5 as PW3 and PW4, the owner of the accused LW6 as PW5, the other circumstantial witness LW7 as
PW6, the panch witnesses for the scene of offence panchanama LW9 and LW8 as PW7 and PW9, the panch witness for the confession panchanama LW10 as PW8, the medical officer LW13 as PW10, the victim girl/LW3 as PW11, the Woman Sub-Inspector of police LW12 as PW12, the investigation officer LW15 as PW13 and the other investigation officer LW16 as PW14 and the documents marked i.e.
Exs.P1 to P12 on its behalf.
6. The learned APP has given up the evidence of the prosecution witnesses LW11 & LW14.
7. After the completion of the prosecution side evidence, the accused was called for examination under Section 313 Cr.P.C., with regard to the incriminating material evidence in the evidence of
PW1 to PW14 and the accused denied the incriminating material
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evidence against him and reported no defence evidence. Hence, the defence evidence is closed.
8.Heard both sides. Perused the entire material on record.
9.Now the points for determination are :
1.Whether the victim girl is minor as per the date of the alleged incident as contemplated u/sec. 2 (1) (d) of POCSO Act?
2.Whether the prosecution has proved the guilt of the accused for the offences U/sec. 354-A of IPC beyond reasonable doubt?
3.Whether the prosecution has proved the guilt of the accused sec 7 r/w 8 of POCSO Act, beyond reasonable doubt?
10. POINT No.1:- Perused the evidence of the prosecution witnesses i.e, PW1 to PW5 and documents marked i.e., Ex.P1 to
Ex.P12. In order to prove the case of the prosecution that the accused committed the offence u/sec. 354-A of IPC and Sec. 7 R/w
Sec.8 of PCOSO Act, against the accused, it is just & necessary to prove the age of the victim girl/PW11. As per the charge sheet, the age of the victim girl/PW11 mentioned as 09 years and the prosecution filed the age determination of the victim girl/PW11 under Ex.P8 issued by the medical officer/PW8. The defence also did not dispute the age of the victim girl/PW11. Thatmeans, there is no dispute with regard to the age of the victim girl/PW11 was 09 to
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10 years as on the date of incident. Accordingly, point No.1 is nswered.
11. Point No. 2 & 3: Now the court has to be decided that the accused had committed the offences U/sec. 354-A of IPC and Sec. 7
R/w Sec. 8 of POCSO Act. According to the evidence of PW1, she is running Kirana Shop business, and on 09.07.2021, around 1:00 p.m, one unknown person wearing red colour T-shirt, came to their ship and asked for a cigarette, then her daughter I.e victim girl/PW11 gave him the cigarette, while the victim girl/PW11 giving him the cigarette, the said person placed his hand on her breast and squeezed, then the victim girl/PW11 cried. Immediately, she went to victim girl/PW11 and tried to catch the said person, but he fled away which is supported by the evidence of the father of the victim girl/
PW11 i.e PW2.
12. The circumstantial witnesses PW3 and PW4 testified that on 09.07.2021, around 1:00 p.m, they heard some cries, then they came out of the house and found PW1 chasing one person, then, they also followed her to catch the said person, who wore red colour
T-shirt and night pant, but could not catch. On enquiry, PW1 informed about the incident.
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13. The victim girl/PW11 testified that on 09.07.2021, around 1:00 p.m, one uncle went to their shop and asked for cigarette and she gave cigarette, in the meantime, he pressed her chest, then, she cried, by hearing the same, her mother/PW1 came and she identified the accused, which is supported by the evidence of PW1.
The witnesses PW1 to PW4 and PW11 were cross examined by the defence. In cross examination, the witnesses PW1 to PW4, PW11 denied that no alleged incident took place on the date of incident and at the instance of police filed false case against the accused.
Except the denials the defence failed to illicit adverse version of the witnesses PW1 to PW4 and PW11. The accused failed to adduce evidence in order to disprove the case of the prosecution. Hence, the evidence of PW1 to PW4 and PW11 reliable and trustworthy. In this regard, it is relied on decisions 1. Vijay @ Chinee Vs. State of
M.P. reported in (2010) SCC 191 and another decision 2. Ganesan
Vs. State represented by Inspector of police decided by our
Hon’ble Apex Court in Crl. Appeal No. 680 of 2020, wherein it was
held that“ Conviction can be based on sole testimony of victim if reliable and trust-worthy”.
14. A charge was framed for the offence punishable U/sec.
354-A of IPC i.e. contents of Sec. 354A IPC are as follows:
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Sec. 354A of IPC: Sexual harassment and punishment for sexual harassment :- (1)A man committing any of the following acts:
(i) physical contact and advances involving unwelcome and explicit sexual aventures; or
(ii)a demand or request for sexual favours; or
(iii)showing pornography against the will of a woman; or
(iv)making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3)Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either de- scription for a term which may extend to one year, or with fine, or with both.
A charge also framed for the offence U/sec. 7 r/w Sec. 8 of POCSO Act i.e.
The contents of Sec. 7 POCSO Act are as follows:
Sec. 7 of POCSO Act: Sexual Assault “Whoever, with sexual assault intent touches the vagina, penis, anus or breast of the child or make the child touch the vagina,
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penis, anus of breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.
The contents of Sec. 8 POCSO Act are as follows:
Sec. 8 of POCSO Act: Punishment for sexual assault.
“Whoever commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall be liable to fine”.
In the present case, the testimony of the victim/PW11 and mother of the victim girl/PW1 corroborated with the evidence of the circumstantial witnesses PW3 and PW4 and also with the evidence of the investigation officer/PW14. No infirmity, as such could be found in the evidence of the victim/PW11 and her parents PW1 and PW2, nor the evidence of the victim/PW11 smacks tutoring by her parents or anybody else to her.
15. The investigation officer/PW13 testified that on 09.07.2021 at 3:00 p.m, he received the report under Ex.P1
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from PW1 and registered the case in Cr. No. 539 of 2021 u/sec.
354-A of IPC and Sec. 7 & 8 of POCSO Act and issued First
Information Report under ExP9. He also visited the scene of offence and examined the witnesses and the victim girl/PW11 was got examined by the women police officer PW12 and conducted the scene of ofence panchanama under Ex.P6 in presence of the panch witnesses PW7 and PW9 who supported the version of the Investigation officer/PW13.
16. According to PW12, who recorded the statement of the victim girl/PW11 is that, she recorded the statement of the victim girl/PW11 and handed over the same to Sub-Inspector of police which is also supported by the investigation officer/PW13 and the victim girl/PW11 and her parents is PW1 and PW2.
17.According to the investigation officer/PW14 on 10.07.2021, at 12:30 p.m, the accused was arrested in Cr.
No.515/2021 of P.S. Jawaharnagar and the accused confessed the commission of offence in this case, as well as the offence in
Cr. No.515/2021 of Jawaharnagar P.S. and Cr.No. 324/2021 of
Keesara P.S and recorded the confession panchanama of the accused in presence of the panch witnesses PW8 and LW11.
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The investigation officer/PW14 testified that on 11.07.2021, he examined the owner of the accused and collected the CC TV footage on 09.07.2021 at his residence and copied in pen drive and also collected the certificate under section 65-B of Indian
Evidence Act, under ExP2 and also collected the CC TV footage from the President of Pragathi Nagar colony, collected the certificate under section 65-B of Indian Evidence Act and photographs under ExP4, ExP3, ExP4 and ExP5, which is supported by the evidence of the owner of the accused PW5 and the President of Pragathi Nagar colony PW6.
18. The investigation officer/PW14 further testified that he filed the requisition before LW14 on 14.07.2021 for conducting
Test Identification Parade and accordingly, the Test
Identification Parade was conducted by LW14 under ExP12.
Test Identification Parade proceedings under Ex.P12 disclose that the mother of the victim girl/PW11 i.e PW1 and the the victim girl/PW11 correctly identified the accused. The mother of the victim girl/PW11 i.e PW1 and the victim girl/PW11 also identified the accused before the court.
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19. There are no contradictions and improvisation about the investigation except the accused not send for DNA test. It is further relied on citation in 2021 SCC online Delhi 3957 between Rakesh Vs. State, wherein the Delhi High Court observed that:
“ By now it is well settled that the testimony of a victim in cases of sexual offences is vital and unless there are com- pelling reasons which necessitates looking for corrobora- tion of a statement, the courts should fine no difficulty to act as the testimony of the victim of a sexual assault alone to convict the accused. No doubt her testimony has to in- spire confidence. Seeking corroboration to a statement be- fore relying up as the same as a rule in such cases, would literally amount to adding insult to injury” - The court concluded that the statement of the child victim as of sterling quality. The combined evidence of the prosecution lays down foundational facts, which discloses that the commission of offence and this court find no reason to disbelieve or discredit the statement of the child victim. The evidence of the victim inspires the confidence. Hence, the victim evidence is very clear, reliable and trust-worthy. As such, the evidence of the victim girl/PW11 and her parents PW1 and PW2 is sufficient to believe that the accused committed the offence that he outraged
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the modesty of the victim girl/PW11 by touching the breast and committed sexual assault upon the victim girl/PW11, who is age of 09 to 10 years at the time of alleged incident, which attracts the ingredients of the offences u/sec. 354A of IPC and sec. 7 r/w sec. 8 of Pocso Act.
20. In view of the above discussion, the prosecution proved the guilt of the accused beyond reasonable doubt for the offence un- der section 7 r/w sec. 8 of POCSO Act. Therefore, this court has taken presumption under secs. 29 and 30 of the POCSO Act. The ingredients of Sec 29 of the POCSO Act and Sec.30 of the POCSO
Act are as under.
Sec. 29 - Presumption as to certain offences: Where a person is prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.
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Sec.30 - Presumption of culpable mental state 1. In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
2. For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
In this present case, the prosecution prove the culpable mental state of the Accused. Hence, the accused has committed the offence under section 7 r/w Sec.8 of
POCSO Act.
21. Under Sec 29 and Sec. 30 of POCSO Act, there is also pre- sumption regarding the guilt of an accused. As a result, the pros- ecution has to lay down to prove the fundamental facts regarding
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the guilt of the accused. But the prosecution not of beyond rea- sonable doubt. Once facts are proved, the onus is on the accused to lead evidence to rebut the presumption under section 29 and
Sec.30 of the POCSO Act.
22. On considering the above discussion this Court safely concluded that the accused committed the offence U/Sec.354A of
IPC and Sec.7 r/w sec. 8 of POCSO Act, 2012.
23. Sec.42 of the POCSO Act deals: Alternative punishment:
The contents of Sec. 42 of POCSO Act is as follows:
“where an act or omission constitute an offence punishable under this Act and also under Sections 166-A, 354-A, 354-B, 354-
C, 354-C, 370, 370-A, 375, 376 (376A, 376 AB, 376B, 376C, 376D, 376DA, 376DB) (376E, Sec.509 of the Indian Penal Code or
Section 67-B of Information Technology Act, 2000 (21 of 2000)) then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only this act or under Indian Penal Code as provides for punishment which is greater in degree. Hence, the punishment prescribed U/Sec. 354A of IPC is lesser than the
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U/Sec.7 r/w sec. 8 of POCSO Act. Therefore, the accused is found guilty for the offence U/Sec.7 r/w sec.8 of POCSO Act.
24. The offence took place on 09.07.2021 and thereafter also and the report given on 09.07.2021. By virtue of Protection of
Children from Sexual Offences (amendment) Act, 2019 (Ac.25 of 2019) which come into force w.e.f. 16.08.2019. Sec.7 of POCSO
Act originally the punishment prescribed as under.
The contents of Sec. 7 POCSO Act are as follows:
Sec. 7 of POCSO Act: Sexual Assault “Whoever, with sexual assault intent touches the vagina, penis, anus or breast of the child or make the child touch the vagina, penis, anus of breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault”.
The contents of Sec. 8 POCSO Act are as follows:
Sec. 8 of POCSO Act: Punishment for sexual assault.
“Whoever commits sexual assault, shall be punished with imprisonment of either description for a term which shall
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not be less than three years but which may extend to five years, and shall be liable to fine”.
- Prior to the amendment of POCSO Act also of same punishment for sexual assault.
25. The above amendment 16.08.2019 is applicable in this case on hand as the offence took place on 09.07.2021 and thereafter also.
26 In the result, the accused is found guilty for the offences punishable U/secs. 354-A of IPC and sec. 7 r/w sec. 8 of POCSO
Act, 2012 of POCSO Act, and the accused is convicted
U/Sec.235(2) Cr.P.C for the said charge. The case property i.e
Mobile phone shall be confiscated to state after appeal time is over and MO2 and MO3 shall be destroyed after appeal time is over.
(Partly written by me and typed by the Stenographer G-I and partly typed to my dictation by the stenographer G-I and after correction, pro- nounced by me in the Open Court, on this the 03rdday of September, 2025).
SD/-
Fast Track Spl. Court for Expedi- tious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Kukatpally. FAC: Fast Track Spl. Court for Expe- ditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Medchal
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27. I would like to refer a decision of Hon'ble Supreme Court
State of Madhya Pradesh Vs Surendra Singh reported in AIR 2015
SC 3980, wherein it was held that,
"Justice demands that courts should impose punishments befitting the crime so that the courts reflect public abhorrence of the crime The court must not only keep in view the rights of the victim of the crime, but the society at large while considering the imposition of appropriate punishment. The court will be falling in its duty if appropriate punishment is not awarded for a crime which has been not only against the individual victim, but also against the society to which both the criminal and the victim belong.
From the aforementioned guidelines of Hon'ble Apex Court, let us determine the quantum of sentence.
28. HEARING ON QUANTUM OF SENTENCE:
Heard the accused with regard to the quantum of sentence, the accused stated that he did not commit any offence.
29. Having regard to the fact that the offence committed by the accused is grave in nature and against a minor girl who is age
as 09 to 10 years at the time of incident. The harm caused to
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minor bodily and mentally is irreparable This court relied on
citation of Hon'ble Apex Court in between Azhar Ali Vs.
State of West Bengal reported in (2013) 10 SCC 31 and
another citation of Hon'ble Apex Court in between State
of Rajasthan Vs. Srichand decided in Criminal Appeal
No.561/2009 dated 11.05.2015, wherein Hon'ble Apex
Court held that:
“when the offence is heinous in nature and against
woman, there is no reason for granting benefit of
probation to the perpetrator of such crime”. Hence, the accused cannot be given advantage of provisions of Probation of offenders Act.
- The Accused is sentenced to undergo Rigorous Imprisonment for a period of three (03) years and shall pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence punishable U/sec.
354A of IPC, in default of payment of fine amount, the accused shall undergo simple imprisonment for a period of three (03 ) months.
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-The Accused is sentenced to undergo rigorous
Imprisonment for a period of five (05) years and shall pay a fine of Rs.10,000/- (Rupees Ten Thousand only) for the offence punishable U/sec.7 R/w Sec.8 of POCSO Act-2012, in default of payment of fine amount, the accused shall undergo simple imprisonment for a period of three (03 ) months.
As per the record, the accused is sentenced to imprisonment for life in S.C.No.15 of 2021 as per the judgment
dated 19.04.2023 by the court of Fast Track Special Judge for
Expeditious Trial and Disposal of Rape and POCSO Act, cases
Medchal-Malkajgiri District at Malkajgiri.
- The accused shall undergo for the above sentences concurrently in this case. Further, the accused shall undergo the sentences imposed in this case i.e S.C. No.14 of 2021 with the sentences imposed in other two cases i.e S.C.No.13 of 2021 and SC.No. 15 of 2021 shall run consecutively.
- The remand period undergone by the accused from 11.07.2021 to till this day shall be set off as per Sec. 428 of the
Criminal Procedure Code.
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- The accused is informed about his right to prefer an appeal against this judgment and the availability of free legal aid.
- A free copy of judgment is furnished to the accused U/Sec 363 of Cr.P.C.
30. Compensation: The act committed upon the victim gilr /PW11 by the accused must have caused unbearable physical pain and mental trauma to her. The physical and mental agony inferred by the victim girl/PW11 cannot be compensated in terms of money. As per Rule 9 of the POCSO Act, this court is having power to award compensation to the victim. The victim girl/PW11 is aged about 09 years old at the time of incident and she may be under trauma, thereby, it is just and necessary to award compensation for an amount of Rs 50,000/- (Rupees fifty thousand only) to the victim girl/PW11 Therefore, it is a fit case to award compensation to the victim girl/PW11. So, having regard to the social status of the parents of the victim girl/PW11, this court considers it appropriate to recommend to the District Legal services Authority, Medchal-Malkajgiri District, to award a
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Sessions case No. 14 of 2021 dtd. 03.09.2025
compensation of Rs. 50,000/- (Rupees Fifty thousand only) to him, which in the opinion of this court would provide some succour to her in times of hardship and distress.
31. Apart from the compensation awarded to the victim girl/
PW11, the court is of view that the fine imposed by this court against the accused shall be payable to the victim girl/PW11 towards rehabilitation.
32. This court recommends to the District Legal Services
Authority, Medchal-Malkajgiri District to award compensation of
Rs.50,000/- (Rupees Fifty Thousand only) to the victim girl/
PW11 from and out of the victim compensation fund, within one (01) month from the date of receipt of a copy of this judgment.
(Tped to my dictation by the stenographer G-I and after correction, pronounced by me in the Open Court, on this the 03rdday of September, 2025).
SD/-
Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Kukatpally. FAC: Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Med- chal – Malkajgiri District at Medchal
Page No. 23 FAC. Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, M.M. District at Medchal
Sessions case No. 14 of 2021 dtd. 03.09.2025
:: APPENDIX OF EVIDENCE ::
WITNESSES EXAMINED
For the Prosecution:
PW1/LW1: XXX (Mother of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6)
PW2/LW2: XXX (Father of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6)
PW3/LW4: XXX (Neighbour of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6)
PW4/LW5: XXX (Neighbour of the victim) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6)
PW5/LW6: Sai Krishna Goud
PW6/LW7 : S. Muthaiah
PW7/LW9 : B. Vinay
PW8/LW10 : N. Vinay Kumar Reddy
PW9/LW8 : A. Veera Babu
PW10/LW13: Dr. Sarah Seemeen
PW11/LW3 : XXX (Victim girl) (Name is not disclosed as barred U/ sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6).
PW12/LW12: Kum. J. Chandana
Page No. 24 FAC. Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, M.M. District at Medchal
Sessions case No. 14 of 2021 dtd. 03.09.2025
PW13/LW15: P. Shiva Naga Prasad
PW14/LW16: K. Shiva Kumar
For the Defence :
- None -
:: EXHIBITS MARKED ::
For the Prosecution:
Ex.P1 :Report date 09.07.2021
Ex.P2:CC TV foot-age in the form of pen drive pertaining to the house owner of the accused Ex.P3:Statement under section 65-B Indian Evidence Act
Ex.P4:Pen drive containing CCTV Footages of Pragathinagar, Dammaiguda. Ex.P5: Photographs
Ex.P6:Scene of offence panchanama
Ex.P7:Marked portion of the confession cum seizure pan- chanama Ex.P8: Age determination certificate of victim girl/PW11 issued by PW10.. Ex.P9:First Information Report
Ex.P10: Statement U/sec. 164 Cr.P.C statement of PW1
Ex.P11: Statement U/sec.164 Cr.P.C statement of PW11
Ex.P12: Test Identification Parade proceedings.
For the Defence:
- Nil –
Page No. 25 FAC. Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, M.M. District at Medchal
Sessions case No. 14 of 2021 dtd. 03.09.2025
Material Objects Marked
For the Prosecution :
MO1 mobile phone MO2 Chocolates MO3 Liquor bottle
SD/-
Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri District at Kukatpally. FAC: Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Med- chal – Malkajgiri District at Medchal
FAC. Fast Track Special Court for Expeditious Trial and
Page No.1 Disposal of Rape and POCSO Act Cases, M.M. Dist at Kukatpally
S.C. No. 386 of 2017 date: 18.09.2025
IN THE COURT OF THE FAST TRACK SPECIAL COURT FOR
EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND POCSO
ACT CASES, MEDCHAL – MALKAJGIRI DISTRICT AT MEDCHAL
(DATED, THIS, THE 18 th DAY OF SEPTEMBER, 2025)
PRESENT: Ms. N. Amaravathi,
Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases Medchal – Malkajgiri District at Kukatpally. FAC. Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases Medchal – Malkajgiri District at Medchal.
SESSIONS CASE NO. 386 of 2017
1.Name and description of :The State of Telangana through the Complainant.Assistant Commissioner of Po- lice, Balanagar Division, Cyber- abad.
2.Name and description of:DanukondaJagannadham the accused Naidu S/o. Late Gopinaidu, aged about 39 yrs, Caste: Tu- rupu Kapu, Occ: Welder in Reddy Labs, Unit IV, IDA Jeedimetla, r/o. H.No.435-178, Kalavathinagar, Shapurnagar, Quthbullapur, n/o. Arnda Stree, G.M. Valasa village and mandal Vijayanagaram District. A.P State.
3.Offenceswithwhich:U/Secs. 342, 323 and 354 IPC chargedand Sec. 7 r/w Sec. 8 of POCSO Act 2012 and 3 (1) (W) (i)(ii) and 3 (2) (va) of the SC/ST (POA)Act.
4.Plea of the accused :Not guilty
5.Finding of the Judge:Found not guilty
6.Sentence or Order:In the result, the accused is found guilty for the offences . Fast Track Special Court for Expeditious Trial and
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U/Sec. 342, 323 and 354 IPC and Sec. 7 r/w Sec. 8 of POCSO Act 2012 and Sec, 3 (1) (W) (i)
(ii) and 3 (2) (va) of the SC/ST (POA)Act and the accused is acquitted U/Sec.235 (1) Cr.P.C. The bail bonds of the accused shall be in force for six months.
7.Prosecution conducted by :Learned Spl. Public Prosecutor Sri G. Prabhaker Reddy.
8.Defence defended by:Sri. B. Jayaramulu. Advocate for the accused.
This case coming on 17.09.2025 before me for hearing and disposal in the presence of Learned Special Public Prosecutor Sri. G.
Prabhaker Reddy for the State of Telangana and in the presence of
Sri. B.Jayaramulu, Advocate for the accused and after having stood over for consideration, this Court delivered the following:
:: J U D G M E N T ::
1. The accused stand charged for the offences punishable
U/Secs. 342, 323 and 354 of Indian Panel Code (Hereinafter referred as IPC in brevity) and Sec. 7 r/w Sec. 8 of Protection of the Children from sexual offences Act, 2012 ( Hereinafter referred as POCSO Act in brevity) and Sec. 3 (1) (W) (i)(ii) and 3 (2) (va) of the Schedule
Castes and Schedule Tribes (Prevention of Atrocities) Act ( Here- inafter referred as SC/ST (POA) Act in brevity).
[
2.The Assistant Commissioner of Police, Balanagar Division,
Cyberabad. P.S Jeedimetla, filed final report against the accused . Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
u/sec.173 Cr.P.C. in Cr. No. 343/2017 with the following allegations in brief are as follows:
i. On 11.04.2017, at 9.00 a.m, as usual, Lw1 and Lw2 left the house to attend their duties and, but on that day, their children were present in his house on eve of Hunuman Jayanthi. When they return back to the house, then they found that their children did not had lunch. On enquiry, their elder daughter said that around 2:00 p.m, their neighbour i.e the accused beat her with hand and confined her in a room and he took her sister i.e. Lw3 into room and due to that, they did not have their lunch. When they enquired with Lw3 then Lw3 did not say anything.
ii. On the next day i.e 12.04.2017, at morning hours, they in- formed the same to their owner Lw5, then he said that the ac- cused is not available at his house and advised them that he will ascertain the same, after the accused return back.
Iii. On 12.04.2017, at evening hours, when Lw1 and Lw2 return back to the house, then Lw4 informed that Lw3 disclose her that on 11.04.2017, at 2.00 p.m, the accused beat her sister Ujwala and confined her in his room and took her into the room and mis- behaved with Lw3 and Ujwala. On enquiry, Lw3 informed to Lw1 . Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
and Lw2 that on 11.04.2017, at 2.00 p.m, the accused beat her and her sister Ujwala and threatened her and took her into the room and touched her private parts and misbehaved with her and outraged her modesty and threatened to kill her if she disclose the same to any one. Further informed that the accused misbehaving with the victim girl/Lw3 for the last three months and threatened her, due to fear she did not disclose the same to them. Thereafter, Lw1 gave report to police and the police registered it as in Cr.No.343 of 2017 u/secs. 354-D of IPC and sec.
11 r/w 12 of POCSO Act and investigated into. After the completion of investigation, filed the final report. Hence, the charge.
3.After filing the final report by the police, cognizance was taken for the offences punishable U/Secs.342, 323 and 354 IPC and Sec. 7 r/w Sec. 8 of POCSO Act 2012 and 3 (1) (W) (i)(ii) and 3 (2) (va) of the SC/ST (POA)Act, against the accused and numbered as SC No.
386 of 2017 by the Hon’ble Metropolitan Sessions Judge, Cyberabad and transferred the case record to this Court for disposal according to law.
4. On appearance of the accused, case copies were furnished to the accused as contemplated U/sec., 207 Cr.P.C. Heard both sides.
Charges framed for the offences punishable U/secs. 342, 323 and . Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
354 IPC and Sec. 7 r/w Sec. 8 of POCSO Act 2012 and 3 (1) (W) (i)
(ii) and 3 (2) (va) of the SC/ST (POA)Act, against the accused, readover and explained to him in vernacular, for which, the accused, pleaded not guilty and claimed to be tried.
5.In order to bring home the guilt of the accused, the prosecution examined PW1 to PW3 i.e the mother of the victim girl/
LW3 i.e LW1 as PW1, the father of the victim girl/LW3 i.e LW2 as
PW2, the victim girl/LW3 as PW3 and the documents marked i.e.,
Ex.P1 to Ex.P3 on its behalf.
6.The learned Spl. Public Prosecutor has givenup the evidence of the prosecution witnesses LW4 to LW13 i.e LW4/ B Swathi, LW5/.
B. Aruna, LW6/G. John, LW7/M. Veera Mallesh, LW8/Usha Rani,
LW9/M. Surender, LW10/L. Kutty Mathew, LW11/Lingyanaik, LW12/
Ch. Shankar Reddy and LW13/T. Goverdhan.
7. After the completion of the prosecution side evidence, the accused was called for examination under Section 313 Cr.P.C., with regard to incriminating material evidence in the evidence of PW1 to
PW3 and the accused denied the incriminating material evidence against him and reported no defence evidence. Hence, the defence evidence is closed.
8.Heard both sides. Perused the entire material on record.
. Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
9.Now the points for determination are :
1.Whether the victim girl / LW1 is minor as per the date of the alleged incident as contemplated u/sec. 2 (1) (d) of POCSO Act?
2.Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec. 342 of IPC beyond all reasonable doubts ?
3.Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec. 323 of IPC beyond all reasonable doubts ?
4.Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec. 354 of IPC beyond all reasonable doubts ?
5.Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec. 7 r/w sec.8 of POCSO Act 2012 beyond reasonable doubt?
10. POINT No.1 : In order to prove the case of the prosecution that, the accused has committed the offences u/secs. 342, 323 and 354 IPC and Sec. 7 r/w Sec. 8 of POCSO Act 2012 and 3 (1) (W) (i)
(ii) and 3 (2) (va) of the SC/ST (POA)Act, it is just & necessary to prove the age of the victim girl/PW3. As per the charge sheet, the age of the victim girl/PW3 mentioned as 09 years and the prosecution did not file the age proof of the victim girl/PW3. The defence also did not dispute the age of the victim girl/PW3.
Thatmeans, there is no dispute with regard to the age of the victim girl/PW3 i.e 09 years as on the date of alleged incident. Accordingly, point No.1 is answered.
. Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
11. Point No. 2 to 5: Now the court has to be decided that the accused has committed the offences U/secs.342, 323 and 354
IPC and Sec. 7 r/w Sec. 8 of POCSO Act 2012 and 3 (1) (W) (i)(ii) and 3 (2) (va) of the SC/ST (POA)Act. Perused the evidence of the prosecution witnesses i.e., PW1 to PW3 and the documents marked i.e., Ex.P1 to Ex.P3. The prosecution examined the mother of the victim girl/PW3 as PW1 who testified that ( on 27.1.2020, the incident took place and she came to know on the next day, when questioned about the house owner she informed that the accused was not present PW1 and the)
12. The accused beat her younger daughter and confined in a room. Later he took elder daughter into a room and touched her hear and there and pressed her throat and threatened to kill her.
He is misbehaving with the victim girl/PW3 and her younger sister of the last 3 months. The victim girl/PW3 and her younger sister did not inform the same to her. The neighbours of PW1 informed about the alleged incident and on enquiry the victim/PW3 and her younger daughter informed about the same.
Thereafter, she gave report to police. But in cross examination
PW1 admitted that she do not know the contents of PW3 as she is illiterate. PW1 denied the alleged incident took place on the date of incident. PW1 denied that the accused beat the victim girl and . Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
her younger sister on the date of incident and never pressed the neck of the victim girl/PW3 and never misbehaved with the cluridress of PW1. PW1 also denied that the accused never beat the victim girl/PW3 and her sister and never confined then in a room and she deposed in her examination in chief at the instance of police. Hence, the evidence of PW1 requisition corroboration with the evidence of the victim girl/PW3 and other.
13. The prosecution examined the father of the victim girl/PW3 as PW2 and the victim girl/PW3 as PW3, but both the father of the victim girl and the victim girl being the prime witnesses did not support the case of the evidence of PW1. Both
PW2 and PW3 denied the alleged incident and denied that the accused committed of offences. The learned Spl. PP given up the evidence of the prosecution witnesses LW4 to LW13. Hence, the evidence of the prosecution witness PW1 to PW3 is not sufficient to bring home the guilt of the accused and offence under setion 342, 323, 354 of IPC and sec. 7 read with 8 of
POCOS Act and Sec. 3 (1) (W) (i) (ii) and 3 (2) (va) of the SC/ST (POA) Act beyond reasonable doubt.
13. In view of the above discussion, the prosecution miserably failed to prove the guilty of the accused for the offences under . Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
section 342, 323, 354 of IPC, and section 7 read with 8 of POCSO
Act and and sec. 3 (1) (W) (i)(ii) and 3 (2) (va) of the SC/ST (POA)Act, beyond reasonable doubt.
15.In the result the accused in found not guilty for the offence under section 342, 323, 354 of IPC, and section 7 read with 8 of
POCSO Act and sec. 3 (1) (W) (i)(ii) and 3 (2) (va) of the SC/ST (POA)Act, and the accused is acquitted under section 235(1)
Cr.PC. The bail bonds of the accused shall be in force for six months.
(Typed to my dictation by the Stenographer G-I after correction, pronounced by me in the Open Court, on this the 18th day of September, 2025).
SD/-
Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Kukatpally. FAC : Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Medchal.
:: APPENDIX OF EVIDENCE ::
WITNESSES EXAMINED
For the Prosecution:
PW1/LW1: XXX (Mother of the victim girl) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6).
. Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
PW2/LW2: XXX (Father of the victim girl) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT Sc 6).
PW3/LW3: XXX (victim girl) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004 (2) ALT
Sc 6)
For the Defence :
- None -
:: EXHIBITS MARKED ::
For the Prosecution:
Ex.P1 :Report dated 11.04.2017.
Ex.P2:Entire Statement U/sec. 161 Cr.P.C of PW2
Ex.P3:Entire Statement U/sec. 161 Cr.P.C of PW3
For the Defence:
- Nil -
:Material Objects Marked:
For the Prosecution: - Nil -
For the Defence:
- Nil -
SD/-
Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Kukatpally. FAC : Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Medchal.
. Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
. Fast Track Special Court for Expeditious Trial and
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S.C. No. 386 of 2017 dt. 18.09.2025
Page No.1 Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, M.M. District at Kukatally
Sessions case No. 794 of 2019 dtd. 16.10.2025
IN THE COURT OF THE FAST TRACK SPECIAL COURT FOR
EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND POCSO ACT
CASES, MEDCHAL – MALKAJGIRI DISTRICT AT KUKATPALLY
(DATED, THIS, THE 16 th DAY OF OCTOBER, 2025)
PRESENT: Ms. N. Amaravathi,
Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Kukatpally.
SESSIONS CASE NO. 794 of 2019
Name and description of :The State of Telangana through the Complainant.the Inspector of police, K.P. H.B P.S.
2.Name and description of:Gutti Naga Raju S/o. Nettikal, the accused aged about 29 years, Caste:SC Madiga, Occ: GHMC Garbage Auto Trolley driver, R/o. Hut Hitension Road, Srinivasa colony, Near Rachabanda ground, KPHB N/o. Nacharla Village, Cheppigiri Mandal, Kurnool District.
3.Offenceswithwhich:U/Secs. 366-A, 376 of IPC and Sec.4 of POCSO Act. charged
4.Plea of the accused :Pleaded not guilty
5.Finding of the Judge:Found not guilty
6.Sentence or Order:In the result, the accused is found not guilty for the offences U/sec. 366-A, 376 of IPC and Sec.4 of POCSO Act and the accused is acquitted U/ Sec.235 (1) Cr.P.C. The bail bonds of the accused shall be inforce for six months.
Page No. 2 Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, M.M. District at Kukatpally
Sessions case No.794 of 2019 dtd. 16.10.2015
7.Prosecution conducted by :Learned Spl. Public Prosecutor, Smt. Santhosh Kumari.
8.Defence defended by:Sri J. Ravinder, Counselfor accused.
This case coming on 13.10.2025 before me for hearing and disposal in the presence of learned Spl Public Prosecutor Smt. Santhosh Kumari , for the State of Telangana and in the presence of Sri J. Ravinder , Advocate for the accused and after having stood over for consideration, this Court delivered the following:
:: J U D G M E N T ::
1. The accused stand charged for the offences punishable
U/Secs. 366-A, 376 of Indian Penal Code 1860 (hereinafter referred as IPC for brevity) and sec.4 of the Protection of Children from
Sexual offences Act-2012 (hereinafter referred as POCSO Act for brevity).
2.The Inspector of police, K.P.H.B P.S. filed final report against the accused U/sec.173 Cr.P.C. in Cr. No. 463 of 2018 with the following allegations in brief are as follows:
i. On 09.05.2018, as usual, the victim girl/lW2 went out of the house by saying that going to work nearby apartment near
Rachabanda ground, Nizampet road and did not return back to the house till evening. LW1 searched her with relatives and friend, but could trace out. Thereafter, LW1 gave report to police and the police
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Sessions case No.794 of 2019 dtd. 16.10.2015
registered it as in Cr.No. 463/2018, Under girl missing and investigated into.
ii. During course of investigation, 17.6.2018, the victim girl/LW2 along with her relatives went to police station and the police recorded the statement of the victim girl/LW2, in which, the victim girl/LW2 stated that on 09.5.2018, at 9:00 a.m, the accused who is her neighbour forcibly took her to Bangalore by bus and taken a room on rent at Arelly area, and they stayed there for few days and all these days, the accused had sexual intercourse with her against her will. On 16.6.2018, she escaped from the room with the support of neighbours and came to Hyderabad and went to her parents house. Based on the statement of the victim girl/LW2, the police altered he section of law from girl missing to sec. 366A and 376 of
IPC and Sec. 4 of POCSO Act. After completion of investigation, filed the charge sheet. Hence, the charge.
3.After filing the final report by the police, cognizance was taken for the offences U/secs. 366 (a) and 376 of IPC and Sec. 4 of POCSO
Act. and numbered as SC No.794 of 2019 by the Hon’ble Metropoli- tan Sessions Judge, Cyberabad, Ranga Reddy District. Later, this case was transferred to this Court for disposal according to law.
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Sessions case No.794 of 2019 dtd. 16.10.2015
4. On appearance of the accused, case copies furnished to the accused as contemplated u/sec. 207 Cr.P.C, heard both sides.
Charges framed for the offences punishable U/sec. 366-A and 376 of IPC and Sec. 4 of POCSO Act, readover and explained to him in vernacular, for which, the accused person, pleaded not guilty and claimed to be tried.
5.In order to bring home the guilt of the accused, the prosecution examined the witnesses PW1 to PW3 i.e. the victim girl/LW2 as PW1, the mother of the victim girl/LW2 i.e, LW3 as PW2 and the Investigation officer/LW18 as PW3 and the documents marked i.e. Ex.P1 to Ex.P5 on its behalf.
6.The police failed to serve summons to the witnesses LW4 to
LW17 and LW19 inspite of schedule fixed, inspite of several adjournments and not filed any report. Hence, the evidence of LW4 to LW17 and LW19 is closed as the prime witnesses PW1 & PW2 i.e.
PW1 being the victim girl and PW2 being the mother of the victim girl/PW1 did not support the case of the prosecution. The copy of the Death certificate of LW1 filed. Hence, the evidence of LW1 is closed.
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Sessions case No.794 of 2019 dtd. 16.10.2015
7. After the completion of the prosecution side evidence, the accused was called for examination under Section 313 Cr.P.C., with regard to the incriminating material evidence in the evidence of
PW1 to PW3 and the accused denied the incriminating material evidence against him and reported no defence evidence. Hence, the defence evidence is closed.
8.Heard both sides. Perused the entire material on record.
9.Now the points for determination are :
1.Whether the victim girl/LW2 is minor as per the date of the alleged incident as contemplated u/sec. 2 (1) (d) of POCSO Act?
2.Whether the prosecution has proved the guilt of the accused for the offences U/sec. 366-A of IPC beyond reasonable doubt?
3.Whether the prosecution has proved the guilt of the accused for the offences U/sec. 367 of IPC beyond reasonable doubt?
4.Whether the prosecution has proved the guilt of the accused sec. 4 of POCSO Act, beyond reasonable doubt?
10. POINT No.1:- In order to prove the case of the prosecution that the accused committed the offence u/sec.366-A and 376 of IPC and Sec. 4 of POCSO Act, against the accused, it is just & necessary to prove the age of the victim girl/PW1. As per the charge sheet, the age of the victim girl/PW1 mentioned as 17 years and the prosecu-
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Sessions case No.794 of 2019 dtd. 16.10.2015
tion did not file the age determination certificate of the victim girl/
PW1. The defence also did not dispute the age of the victim girl/
PW1. Thatmeans, there is no dispute with regard to the age of the victim girl/PW3. Hence the age of victim girl/PW1 is considered as 17 years as on the date of incident. Accordingly, point No.1 is answered.
11. Point No. 2 to 4 :- Now the court has to be decided that the accused had committed the offences under sections 366A and 376 of IPC and Sec. 4 of POCSO Act, against the accused. Perused the evidence of the prosecution witnesses i.e. Pw1 to Pw3 and the documents marked is Ex.P1 to Ex.P5, that the prosecution witnesses i.e. Pw1 being the victim girl did not support the case of the prosecution. The prosecution witness PW2 being the mother of the victim girl/PW1 did not support the case of the prosecution. Though the mother of the victim girl/Pw1 i.e PW2 admitted the signature of LW1 under Ex.P2 on the report dated 09.05.2018,, but denied the contents of the report dated 09.05.2018 and the statement under Sec. 161 Cr.P.C recorded by the police and also denied the incident took place.
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Sessions case No.794 of 2019 dtd. 16.10.2015
12.The prosecution examined the investigation officer/PW3 who testified that on 09.05.2018, he registered the case in cr. no. 463/2018 under girl victim based on the report given by LW1 who died during the pendency of the case and issued First Information Report under Ex.P4 and handed over the
CD file to LW17 for further investigation. The Investigation office/PW3 further testified that on 17.06.2018, he again received
CD file from LW17 who got recorded the statement of the victim girl/PW1 and based on the statement of the victim girl/PW1, altered the section of law from girl missing to section 366-A, 376 of IPC and section 4 of POCSO Act.
13. According to the investigation officer/PW3, he visited scene of offence and conducted the scene of offence of panchanama under Ex. P5 in presence of the panchanama witnesses LW6 and LW7 and he also referred the victim girl/PW1 to Gandhi Hospital, Secunderabad for medical examination. The investigation officer/PW3 further testified that his deputed Staff
LW17 apprehended the accused and produced the accused
before him and the accused confessed the commission of offence
in presence of the panch witnesses LW10 and LW11 and
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Sessions case No.794 of 2019 dtd. 16.10.2015
produced the accused before the medical officer/ LW14 for conducting potency test.
14. The prosecution examined PW1 and PW2 as prime witnesses i.e PW1 being the victim girl and the PW2 being the mother of the victim girl/PW1 denied the incident took place and did not support the case of the prosecution. Hence, the evidence of the prosecution witnesses PW1 to PW3 is not sufficient to bring home the guilt of the accused for the offences under section 366-A, 376 of IPC and Sec. 4 of POCSO Act, beyond reasonable doubt.
15. In view of the above discussion, the prosecution miserably failed to prove the guilt of the accused for the offences under section 366-A, 376 of IPC and Sec. 4 of POCSO Act, beyond reasonable doubts.
16. In the result, the accused is found not guilty for the offences punishable U/sec. 366-A and 376 of IPC and Sec. 4 of
POCSO Act, and the accused is acquitted U/Sec.235(1) Cr.P.C. The
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Sessions case No.794 of 2019 dtd. 16.10.2015
bail bonds of the accused shall be cancelled after expiry of appeal time.
(Partly written by me and typed by the Stenographer G-I and partly typed to my dictation by the stenographer G-I and after correction, pro- nounced by me in the Open Court, on this the 16rdday of October, 2025).
Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Med- chal – Malkajgiri District at Kukatpally.
:: APPENDIX OF EVIDENCE ::
WITNESSES EXAMINED
For the Prosecution:
PW1/LW2: XXX (victim girl) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6).
PW2/LW3: XXX (Mother of the victim girl) (Name is not disclosed as barred U/sec. 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6).
PW3/LW18 : Ch. Kushalkar
For the Defence :
- None -
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Sessions case No.794 of 2019 dtd. 16.10.2015
:: EXHIBITS MARKED ::
For the Prosecution:
Ex.P1 :Entire statement u/sec. 161 Cr.P.C of PW1.
Ex.P2:Signature of LW1 on the report dated 09.05.2018.
Ex.P3:Entire statement u/sec. 161 Cr.P.C of PW2.
Ex.P4:Original First Information Report.
Ex.P5:Crime Details Form.
For the Defence:
- Nil –
Material Objects Marked
For the Prosecution :
- Nil –
For the Defence :
- Nil –
Fast Track Spl. Court for Expeditious Trial and Disposal of Rape and POCSO Act cases, Medchal – Malkajgiri Dis- trict at Kukatpally.
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Page No.1 Disposal of Rape and POCSO Act Cases, M.M. Dist at Medchal
S.C. No. 766 of 2018, dt. 06.08.2025
IN THE COURT OF THE FAST TRACK SPECIAL COURT FOR
EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND POCSO
ACT CASES, MEDCHAL – MALKAJGIRI DISTRICT AT MEDCHAL
(DATED, THIS, THE 6 th DAY OF AUGUST, 2025)
PRESENT: Ms. N. Amaravathi,
Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Kukatpally FAC. Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal – Malkajgiri District, at Medchal
SESSIONS CASE NO. 766 of 2018
1.Name and description of :The State of Telangana through the Complainant.Sub-Inspector of Police, PS Jeedimelta.
2.Name and description of:Neerla Ramesh S/o. Odhelu, the accused age 25 years, Caste: Mudiraj, Occ: Hot & Spice Restaurant Worker, R/o. H.No.8-146/1, Jayaram Nagar, Quthbullapur.
3.Offenceswithwhich:U/Sec., 354-D (1) (I) & 506 charged(Part-II) of IPC and Sec. 11 (iv) r/w sec. 12 of Protection of the Children from sexual offences Act (POCSO) Act 2012.
4.Plea of the accused :Not guilty
5.Finding of the Judge:Found not guilty
6.Sentence or Order:In the result, the accused is found not guilty for the offences U/Sec. 354-D (1) (I) & 506 (Part-II) of IPC and Sec. 11
(iv) r/w sec. 12 of POCSO Act and the accused is acquitted / Sec.235 (1) Cr.P.C. The bail bonds of the accused shall be in force for six months.
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S.C. No. 766 of 2018, dt. 06.08.2025
7.Prosecution conducted by :Public Prosecutor
8.Defence defended by:Sri. A.G.Suneel Reddy. Advocate for the accused.
This case coming on 04.08.2025 before me for hearing and disposal in the presence of Special Public Prosecutor for the State of
Telangana and in the presence of Sri A.G. Suneel Reddy, Advocate
for the accused and after having stood over for consideration, this
Court delivered the following:- :: J U D G M E N T ::
1. The accused stand charged for the offences punishable
U/Secs. 354-D (1) (I) & 506 Part-II of Indian Penal Code 1860 (hereinafter referred as IPC for brevity) & Sec., 11 (iv) r/w sec. 12 of the Protection of Children from Sexual offences Act (hereinafter referred as POCSO Act for brevity).
2. The Sub-Inspector of Police, PS, Jeedimetla filed final report against the accused U/sec.173 Cr.P.C. in Cr. No. 703/2016 with the following allegations in brief are as follows:
i.One year prior to 17.10.2016, the accused used to follow the victim girl / LW1 in the name of love, but she refused his proposal, then the accused threatened that he will die by cutting his hand if she does not love him. Since then, she is talking with him. On 15.10.2016, at 10:00 p.m, the victim girl/ LW1 along with her brother-in-law namely Shiva Kumar went to Quthbullapur circle,
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S.C. No. 766 of 2018, dt. 06.08.2025
by seeing them, the accused asked her “ nuvvu evaritho vachinavu, neeku vaniki sambandham emiti” and tried to assault the said
Shiva Kumar and abused her in most filthy language and threat- ened that “nee meedha acid posthanu nee andham naake dhakkali” and also threatened her that if she does not talk to him, he will kill her sister and her entire family. Thereafter, LW1 gave report to the police and the police registered it as a case in
Cr. No.703 / 2016 for the offences U/sec. 354-D, 506 IPC and section 12 of POCSO Act and investigated into. After completion of investigation filed final report. Hence, the charge.
3.After filing the final report by the police, cognizance was taken for the offenses U/sec. 354-D, 506 IPC and section 12 of POCSO Act, against the accused and numbered as SC No.766/2018 by the
Hon’ble Metropolitan Sessions Judge, Cyberabad at L.B.Nagar.
Later, this case was transferred to IX Additional District and Ses- sions court (FTC), Ranga Reddy District, at L.B.Nagar, for disposal according to law. Thereafter, the case was transferred to this court for disposal according to law.
4. On appearance of the accused, case copies furnished to the accused as contemplated u/sec. 207 Cr.P.C, heard both sides.
Charges framed for the offences punishable U/sec.354-D (1) (I) & 506 Part-II of IPC and Sec. 11 (iv) r/w sec. 12 of POCSO Act, against
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S.C. No. 766 of 2018, dt. 06.08.2025
the accused, readover and explained to him in vernacular, for which, the accused, pleaded not guilty and claimed to be tried.
5. In order to bring home the guilt of the accused, the prosecution examined the informant/ victim / LW1 as PW1, the mother of the victim / LW1 i.e LW2 as PW2, the circumstantial eyewitness / LW4 as PW3, the father of victim / LW1 i.e LW3 as
PW4 and the Sub-Inspector of police P.S Jeedimetla, Cyberabad who assisted the investigation officer / LW7 / K. Lingya as PW5 and the documents marked i.e. Exs.P1 to P5, on its behalf.
6. The learned Public Prosecutor has givenup the evidence of the prosecution witnesses LW5 / Mrs. S. Sunitha, LW6 / Chavva
Shankar Reddy and LW8 / K. Srinivas.
7. After the completion of the prosecution side evidence, the accused was called for examination under Section 313 Cr.P.C., with regard to incriminating material evidence in the evidence of PW1 to
PW5 and the accused denied the incriminating material evidence against him and reported no defence evidence. Hence, the defence evidence is closed.
8. Heard both sides. Perused the entire material on record.
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S.C. No. 766 of 2018, dt. 06.08.2025
9.Now the points for determination are :
1. Whether the victim girl / LW1 is minor as per the date of the alleged incident as contemplated u/sec. 2 (1) (d) of POCSO Act?
2. Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec.354-D (1) (I) IPC, beyond reasonable doubt ?
3. Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec.506 (part II) of IPC, beyond reasonable doubt ?
4. Whether the prosecution has proved the guilt of the accused for an offence punishable U/Sec. 11 (iv) R/W 12 of POCSO Act, beyond reasonable doubt ?
10.POINT No.1: In order to prove the case of the prosecution that the accused has committed the offences U/sec. 354-D (1) (I) & 506 Part-II of IPC and Sec. 11 (iv) r/w sec. 12 of POCSO Act, it is just & necessary to prove the age of the victim. As per the charge sheet, the age of the victim is 15 years and the prosecution also did not file the age proof of the victim. The defence did not take any objection or illicit adverse version in cross examination of the prosecution witnesses. Thatmeans, there is no dispute with regard to the age of the victim is 15 years as on the date of alleged incident. Accordingly, the point No.1 is answered.
11. Point No. 2 to 4: Now it has to be decided by the court that the accused has committed the offences U/sec. 354-D (1) (I) & 506 (Part-II) of IPC and Sec. 11 (iv) r/w sec. 12 of POCSO Act. In
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S.C. No. 766 of 2018, dt. 06.08.2025
order to prove the case of the prosecution, the prosecution examined the witnesses i.e., PW1 to PW5 and documents marked
Ex.P1 to Ex.P5. The informant /victim / PW1 testified that she gave report under Ex.P1 against the accused to police, stating that when she was aged about 14 years and was studying 9th class, the accused used to follow her. But in the cross examination she categorically admitted that she never gave any statement before the police as in Ex.P2. According to PW2 and PW4, who are none other than the parents of the victim girl/ PW1 testified that they do not know anything about the facts of the case and they cannot identify the accused and denied the contents of the statement u/sec.161 Cr.P.C as stated by them before the police. The prosecution witness PW3 being the eyewitness also did not support the case of prosecution.
12. The prosecution examined the investigation officer / LW7 as
PW5, who testified that on 18.10.2016, he arrested the accused at his residence and on enquiry, he voluntarily confessed the commission of offence. But the prosecution witnesses PW1 to PW4 being the prime witnesses did not support the case of the prosecution. Hence, the evidence of the prosecution witnesses
PW1 to PW5 are not sufficient to bring home the guilt of the accused and also not sufficient to come to the conclusion by the court that the prosecution proved its case, beyond reasonable
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S.C. No. 766 of 2018, dt. 06.08.2025
doubt, against the accused for the offences u/sec. 354-D (1) (i) & 506 (Part-II) of IPC and Sec. 11 (iv) r/w sec. 12 of POCSO Act
14. In view of the above discussion, the prosecution miserably failed to prove the guilt of the accused for the offences U/Secs.
354-D (1) (i) & 506 (Part-II) of IPC and Sec. 11 (iv) r/w sec. 12 of
POCSO Act, beyond reasonable doubt.
15. In the result, the accused is found not guilty for the offences U/sec. 354-D (1) (I) & 506 (Part-II) of IPC and Sec. 11 (iv) r/w sec. 12 of POCSO Act and accused is acquitted U/Sec.235 (1)
Cr.P.C. The bail bonds of the accused shall be in force for six months.
(Typed to my dictation by the Stenographer G-I after correction, pronounced by me in the Open Court, on this the 6th day of August, 2025).
Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Kukatpally. FAC : Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Medchal.
FAC. Fast Track Special Court for Expeditious Trial and
Page No.8 Disposal of Rape and POCSO Act Cases, M.M. Dist at Medchal
S.C. No. 766 of 2018, dt. 06.08.2025
:: APPENDIX OF EVIDENCE ::
WITNESSES EXAMINED
For the Prosecution:
PW1/LW1: XXX (Victim) (Name is not disclosed as barred U/sec 228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6)
PW2/LW2: XXX (Mother of the victim) (Name is not disclosed as barred U/sec.228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6)
PW3/LW4: XXX (Circumstantial eyewitness) (Name is not disclosed as barred U/sec.228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6)
PW4/LW3 : XXX (Father of the victim) (Name is not disclosed as barred U/sec.228-A of IPC and as observed by the Apex Court in State of Karnataka Vs Puttaraj (2004(2) ALT Sc 6)
PW5/LW7 : K. Lingya
For the Defence :
- None -
:: EXHIBITS MARKED ::
For the Prosecution:
Ex.P1 :Signature of PW-1 on the report dated 17.10.2016
Ex.P2 :Entire Statement u/Sec. 161 Cr.P.C of PW1.
Ex.P3 :Entire Statement u/Sec. 161 Cr.P.C of PW2.
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S.C. No. 766 of 2018, dt. 06.08.2025
Ex.P4 :Entire Statement u/Sec. 161 Cr.P.C of PW3.
Ex.P5 :Entire Statement u/Sec. 161 Cr.P.C of PW4.
For the Defence:
- Nil -
:Material Objects Marked:
For the Prosecution:
- Nil -
For the Defence:
- Nil -
Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Kukatpally. FAC : Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal-Malkajgiri District, at Medchal.
Order Record 17 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| SC.SPL/574/2019 | PS KPHB vs Khethavath Nikhil | 16 Oct 2025 | Judgement | Acquitted |
| SC.SPL/794/2019 | KPHB vs Gutti Naga Raju | 16 Oct 2025 | Judgement | Acquitted |
| SC/878/2019 | THE STATE THROUGH POLICE STATION KPHB vs VADTHYAVATH NARESH S/O MADHU | 08 Oct 2025 | Judgement | Acquitted |
| SC.SPL/530/2021 | PS Bachupally vs Medishetty Manoj | 08 Oct 2025 | Judgement | Acquitted |
| SC.SPL/399/2019 | Bachupally vs Katatamneni Likith | 06 Oct 2025 | Judgement | — |
| SC.SPL/521/2019 | Sanathnagar vs Vothe Srinath | 06 Oct 2025 | Judgement | — |
| SC.SPL/684/2020 | PS Sanathnagar vs Bollagani Maneesh Goud, S/o. Ravi Kishore Goud | 06 Oct 2025 | Judgement | — |
| SC/512/2024 | PS JAGADGIRIGUTTA vs SHENKARAMPETA ANIL GOUD | 24 Sep 2025 | Judgement | — |
| SC.SPL/386/2017 | PS JEEDIMETLA. vs DANUKONDA JAGANNADHAM S/O LATE GOPINAIDU | 18 Sep 2025 | Judgement | Acquitted |
| SC.SPL/13/2021 | PS JAWAHER NAGAR. vs Abhiram das s/o mahender | 03 Sep 2025 | Judgement | Convicted |
| SC.SPL/14/2021 | PS JAWAHERNAGAR. vs Abhiram Das s/o Mahender | 03 Sep 2025 | Judgement | Convicted |
| SC.SPL/877/2017 | PS Jagathgirigutta vs Giridhar Kumar @ Giridhar | 26 Aug 2025 | Judgement | — |
| SC.SPL/766/2018 | PS JEEDIMETLA. vs Neerla Ramesh | 06 Aug 2025 | Judgement | Acquitted |
| SC.SPL/532/2017 | PS PET BASHEERBAD. vs Rakesh Kumar Jana | 17 Jul 2025 | Judgement | Acquitted |
| SC.SPL/97/2018 | PS Balanagar vs Gollavelli Naga Santosh Kumar | 14 Jul 2025 | Judgement | — |
| SC/796/2022 | PS Sanathnagar vs Gollanagolla Chandrashekar | 02 Jul 2025 | Judgement | — |
| SC.SPL/374/2019 | P.S. KPHB vs Ashwin Baliwada | 25 Jun 2025 | Judgement | — |
Frequently Asked Questions
How many cases has Ms. N. Amaravati handled?
Ms. N. Amaravati has handled 18 court orders since 2025 at Kukatpally, ADJ Court Complex. The average disposal rate is 3 orders per month.
What types of cases does Ms. N. Amaravati hear?
Based on available records, Ms. N. Amaravati primarily handles Criminal matters (Sessions Cases) at Kukatpally, ADJ Court Complex.
Where is Ms. N. Amaravati currently posted?
Ms. N. Amaravati is posted as Fast Track Special Court for expeditious trial and disposal of RAPE and POCSO Act Cases Medchal-Malkajgiri Dist. at Kukatpally at Kukatpally, ADJ Court Complex, Medchal Malkajgiri, Telangana.
Are judgments by Ms. N. Amaravati available online?
Yes. 10 judgments by Ms. N. Amaravati are available on Legistro with full text, outcome, and sections cited.
How fast does Ms. N. Amaravati dispose cases?
Ms. N. Amaravati disposes approximately 3 cases per month, based on 18 orders handled over their tenure at Kukatpally, ADJ Court Complex.
Since when is Ms. N. Amaravati serving?
Ms. N. Amaravati has been serving at Kukatpally, ADJ Court Complex since 2025.
Case Types
Posting History
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Jun 2025 — Nov 2025Fast Track Special Court for expeditious trial and disposal of RAPE and POCSO Act Cases Medchal-Malkajgiri Dist. at Kukatpally · 13 orders
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Jun 2025 — Nov 2025Fast Track Special Court for expeditious Trial and Disposal of RAPE and POCSO Act Cases at Medchal · 5 orders
Outcomes on Record
Other Judges at this Court