IN THE COURT OF II ADDL. CHIEF METROPOLITAN
MAGISTRATE COURT- CUM – JUVENILE JUSTICE BOARD,
VIJAYAWADA.
PRESENT: 1) Sri N. Jayaraj, B.Com., LL.B.,
II Addl. Chief Metropolitan Magistrate,
(Principal Magistrate), Vijayawada.
2) Dr.(Smt.) Shaik Haseena Begum, Member,
3) Dr.T.S. Rao, Member,
Juvenile Justice Board.
Friday, this the 14th day of December, 2012.
J.C.C.No.170/2011
Between:
State : The Sub Inspector of Police,
Jaggaiahpet Circle..Complainant
And
Shaik Mahammad Shah @ Mahammadsha S/o. Khasim, 17 years, Muslim, Gowaravaram Village, Jaggaiahpet Mandal. ..Juvenile.
This case is coming before me for consideration today after hearing both sides on 7-12-2012 in the presence of Learned Asst.
Public Prosecutor for the complainant and of Sri G. Narasimha Rao
Advocate for juvenile and this Court made the following:-
F I N A L O R D E R
The Sub Inspector of Police, Jaggaiahpet Circle filed charge sheet against juvenile in conflict with law for the offence punishable u/s 363 and 376 of IPC.
2.The case of the prosecution is brief is that :
The victim girl P.W.1 was studying 7th standard in Gowtham
High School and the juvenile who is resident of same locality and was working as a clerk in a provision shop at Gowaravaram village.
The juvenile in conflict with law since many days following the victim girl saying that he loves her. On 27.5.2011 at about 15.30 hrs. when the victim girl was near her house the juvenile went near her and said that they shall go to Hyderabad and marry on believing deceitful words of the juvenile. The victim girl informed 2 her father P.W.2 that she is going to her maternal aunt’s P.W.4’s house and went to Gowravaram village centre and by that time who was waiting for the victim girl took her to Jaggaiahpet in an auto from Jaggaiahpet to Kodada in a bus and from Kodada to
Hyderabad in another bus. On 28.5.2011 mid night at Hyderabad, the juvenile asked for some unknown auto driver to provide a room to them and the auto driver took the victim and the juvenile to some house in old city belongs to some unknown lady there the juvenile and the victim girl stayed from 2.00 midnight upto 28.5.2011 evening 5.00 PM. During night the juvenile informed the victim to participating sex before marriage but with malafide intention the juvenile made her believe that he would marry her and if participate in the sex before the marriage their elders cannot do anything and so he removed the clothes of the victim and also removed his clothed and raped the victim girl. On 28.5.2011 evening P.W.8 and P.W.10 who are paternal uncles of the juvenile contacted him on phone in continuation of their search and traced the juvenile and victim girl present at
Hyderabad and brought the juvenile and victim girl back to
Gowaravaram village on 29.5.2011 at 22.00 hrs. The victim girl/P.W.1 accompanied by P.Ws. 2 and 3 turned up to Chilakallu
Police station and presented a written report about the kidnap of the victim girl by the juvenile to P.W.15 who registered the same as FIR in Cr.No.78/11 u/s 363 of IPC of Chilakallu Police station and submitted copies of FIR to all the concerned and investigated into.
During the course of investigation P.W.15 visited the scene of offence got drafted an observation report of the scene of offence by P.W.9 and M. Hussaian (L.W.12) the victim girl turned up to the police station and presented a report stating that her daughter victim girl P.W.1 who is a minor was raped by the juvenile during 3 their temporary stay at Hyderabad that basing on the report
P.W.15 added section 376 of IPC besides Section 363 of IPC and submitted copies of the express FIR to all the concerned and also informed him on phone that on 7.6.2011 at 11.00 hrs. P.W.16 took up further investigation. P.W.16 seized clothes of the victim girl.
On 9.6.2011 at 8.00 hrs. P.W.16 apprehended the juvenile in the presence of mediators Dongala Janakiramaiah (L.W.13) and
P.W.11 recorded his confessional statement and seized clothes in the presence of above mediators and produced the juvenile before
P.W.12 for potentiality and sent him for judicial remand. The material objects preserved by the medical officers were forwarded to CE RFSC, Vijayawada with a letter of advice by P.W.16 and obtained C.E.’s report. P.W.14 who examined the victim girl P.W.1 issued age determination certificate opining that the victim girl is aged 14 to 15 years. P.W.12 who examined the juvenile issued potentiality certificate. P.W.13 who examined the victim P.W.1 issued wound certificate. Thus, the juvenile is liable for the offence punishable u/s 363 and 376 of IPC.
2.This case was taken on file u/s 363, 376 of IPC against the juvenile in conflict with law.
3.On appearance of juvenile in conflict with law copies of documents are furnished. He is examined under rule 13 (2) of J.J.
Rules for the offence punishable u/s 363, 376 of IPC against him.
The accusations are read over and explained to him in Telugu for which he denied the offence pleaded not guilty and claimed to be tried.
4.The prosecution in all examined 16 witnesses and got marked Exs.P1 to P14 and MOs 1 to 3. The prosecution given up the evidence of Gandu Vala Raju (L.W.7) Maruthi Hussain (L.W.12)
Dongala Janakiramaiah (L.W.13).
4
5.After closure of prosecution evidence juvenile in conflict with law is examined under rule 13 (4) of JJ Rules for which he denied the incriminating evidence adduced against him by the prosecution witnesses. No witnesses were examined on behalf of defense and documents are marked.
6.Heard.
7.Now the point of determination is that:
Whether the prosecution proved the ingredients of
the offence punishable u/s 363, 376 of IPC against the
juvenile in conflict with law or not?
8.The victim girl P.W.1 deposed that she knows the juvenile and that he is resident of their village, Gowravaram near their grand mother sister’s house that on 27.5.2011 in the evening at about 2.30 PM on Friday while she was going to the house of her paternal aunt P.W.4 by walk and that when she reached near one brandi shop at Gowravaram centre, the juvenile came in an auto and asked her where she is going then she told him that she is going to her paternal aunt house then the juvenile by saying that he is going towards that side only and pulled her inside the auto.
Then the juvenile placed his kerchief on her nose due to which she became unconsicious that on 28.5.2011 at about 2.00 AM she regained consciousness while she found herself in a bus and that the juvenile was beside her that the juvenile made her to get down from the bus at Hyderabad and that she cannot give the name of the location where she got down from the bus that the juvenile took one auto by asking to provide room to the driver of the auto that the juvenile took her in the same auto that the driver of the auto told that he will take to the room of his relative that they reached to the room at about 3.00 AM or 4.00 AM in the morning on the same day that she cannot say the exact location of the 5 room that the juvenile committed rape on her by forcing that the juvenile removed her clothes he also removed his clothes and committed rape on her by force 4 or 5 times that the paternal aunt and maternal uncle of the juvenile telephoned to the juvenile and asked him to come to the RTC bus stand at Hyderabad to
Vijayawada plat form at about 10.00 AM and they took them to jaggaiahpet in the morning and after going to Jaggaiahpet the paternal aunt grand father and other relatives of juvenile took her along with juvenile to the house of one Viswanadahm elder person of the village and that the said Viswanadham advised the relatives of the juvenile came to know about the case filed by her parents at Chilakallu Police station and they took her juvenile to police
Chilakallu on Sunday at about 4.00 PM in a car and that she gave report to the police Chilakallu that Ex.P10 is her report that the paternal grand father, brother of the juvenile by name Rafi threatened her and due to fear of that she has not reported the police about the sexual assault on her and that on the same day he was examined by the police and she told to the police about the sexual assault of the juvenile and that police sent her to the
Government Hospital, Jaggaiahpet.
9.P.W.2 the father of victim girl deposed that he knows the juvenile and he belongs to Gowaravaram that on 27th date about one year 15 days ago on Friday his daughter P.W.1 at about 3.00
PM started towards the house of his sister Rajya Lakshmi P.W.4 from their house and that at about 5.00 PM on the same day he went to his sister Rajya Lakshmi’s house to bring back P.W.1 to their house that his sister told him that P.W.1 is not turned up to her house upon which himself and his sister P.W.4 came towards
Gowarawaram center informed that the juvenile taken P.W.1 in an auto towards Jaggaiahpet side that himself and P.W.4 and his wife 6
P.W.3 went to the house of Ramakrishna elder of the village at about 7.30 or 8.00 PM and he asked them to come after one hour they again went after one hour the said Rama Krishna asked them to go to the house of juvenile that they went to their house situated at Gowarvaram and asked the parents of the juvenile that the parents of the juvenile told them that the juvenile is not lifting the cell phone and asked them to do what ever his like again they went to the house of said Ramakrishna then the said Rama
Krishna told them that he will traced out the juvenile and P.W.1 by next day morning he will handed over P.W.1 at their house and that they waited till next day morning and that P.W.1 was not brought to their house and then they went to police station
Chilakallu at about 7.0 AM along with one Rama Rao, P.W.6 that he gave report to the police orally that the above said Rama
Krishna came to police station that he bring P.W.1 by Saturday evening but P.W.1 was brought on Sunday evening at about 4.30 or 5.00 PM that the juvenile was also brought to the police station along with P.W.1 that P.W.1 narrated him about the juvenile taking in an auto from Gowaravaram by saying that he is going in same direction and took her to Jaggaiahpet from there to Kodada and from there to Hyderabad and committed rape on her at Hyderabad that P.W.1 and his wife gave report to the police.
10.P.W.3 the mother of P.W.1 deposed that she knows the juvenile and he belongs to Gowaravaram that about one year ago at about 2.30 PM P.W.1 by saying that she will go to the house of her sister in law P.W.4 went out from her house that witness again says that P.W.1 went at about 3.00 PM the villagers were talking that P.W.1 was taken forcibly by the juvenile in an auto that they came to know about the same at about 5.00 PM evening that they went to one elder Rama Krishna and he promised that he will 7 called the elder son of juvenile and by next day morning they will bring P.W.1 and the juvenile that P.W.1 was not brought on the next day morning that herself and her husband P.W.2 along with
P.W.6 went to police station Chillakallu at about 5.00 AM that herself and P.W.2 gave complaint to the police that they waited near police station till Sunday evening till the arrival of P.W.1 and juvenile that P.W.1 after arrival to the police station informed them that the paternal aunt and grand father and relatives of juvenile threatened P.W.1 not to reveal anything before the police otherwise she will see her end that P.W.1 informed them that the juvenile took P.W.1 in an auto and gave sedative to her and she lost consciousness and took her to Hyderabad took her to one room and committed rape on her that she gave report to the police and affixed her thumb impression on the complaint that
Ex.P2 is the report given by her and that the Ex.P2 is read over and explained to her by the police.
11.P.W.4 deposed that on Friday 27th day about 13 months back P.Ws. 2 and 3 came to their house situated at Gowaravaram at about 5.00 PM and asked her whether their daughter P.W.1 came to their house upon which she informed them that P.W.1 is not come to their house that P.W.2 informed her that P.W.1 was started from their house to go to their house at about 3.30 PM that
P.W.1 is not turned up to their house that herself and P.Ws. 2 and 3 went to Gowaravaram in search of P.W.1 that they found P.W.1 missing then P.W.2 telephoned to their relatives whether P.W.1 came to their house upon which they replied that P.W.1 is not come to their house that one unknown person informed them at
Gowaravaram center that the juvenile took P.W.1 in an auto towards Jaggaiahpet that herself and P.Ws. 2 and 3 went to the house of juvenile and stood outside and informed to one elder by 8 name Rama Rao about missing of P.W.1 that no one responded and that on the next day morning they went to police station
Chilakallu at about 11.00 AM P.Ws. 2 and 3 gave report to the police that on the next day morning at 12.00 noon i.e., Sunday 29th day the elders of juvenile brought juvenile and P.W.1 to the police station.
12.P.W.5 deposed that about 13 months ago on one day he left his house at 6.00 AM and went to his fields situated at
Gowaravaram and returned to his house at 6.30 PM in the evening and found P.Ws. 2 and 3 at their house and they informed him that the juvenile took P.W.1 that he questioned them whether they informed to anybody about the same and they told that they informed to one Rama Krishna of Gowravaram that the said Rama
Krishna has not responded that on the same day P.Ws. 2 and 3 went to the house of juvenile at about 7.30 PM he was at home that he came to know that P.Ws. 2 and 3 were informed by some unknown person about the juvenile taking P.W.1 at Gowaravaram centre that P.Ws. 2 and 3 and himself went to police station that
P.Ws. 2 and 3 reported the matter to the police that they waited at the police station that on Sunday at about 4.30 PM the juvenile came with P.W.1 in a car to the police station Chilakallu.
16.P.W.6 deposed that about one year ago he went to
Amaravathi to attend the marriage of daughter of sister at about 5.30 PM that P.W.2 telephoned to him and informed him that the juvenile took P.W.1 and he advised him to give report to the police immediately and that he returned to Gowaravaram on the next day i.e., 28th in the morning at 6.00 AM that P.Ws. 2 to 5 came to his house and informed him that they filed a report before the police that they all went to police station on the same day evening one Seshu and Khasim the elders of the juvenile brought juvenile 9 and P.W.1 in a car at about 6.00 PM to Chilakallu from
Jaggaiahpet.
17.P.W.9 deposed that on 30.5.2011 at 7.00 AM he was called by the SI of Police, Chilakallu to act as mediator while he was present at Chilakallu centre L.W.12 Meera Hussain is also accompanied and that they proceeded 150 feet towards
Vijayawada side, they observed the scene on the NH-9 road and one Veerababu house is situated on southern side and on western side Sai Ganesh Hotel and nothing was found at that place and that police have not seized any incriminating material that the SI of Police prepared scene of offence panchanama in his presence and the presence of L.W.12 Meera Hussain that Ex.P5 is the scene of offence panchanama and it bears his signature.
18.P.W.11 deposed that on 9.6.2011 in the morning at 8.00 AM while he was at Chilakallu Village the Inspector of Police, Chilakallu called him upon which he went to Gowaravaram Mohammed Shah house, i.e., juvenile that on seeing them the juvenile in conflict with law ran towards Bazar from his house the police chased him and caught hold of him and that the juvenile revealed his name when the police asked him why he is running on seeing them and told that he has taken P.W.1 to Hyderabad with an intention to marry her and went to near Charminar in the old city of Hyderabad and stayed in the house of one old aged women and stayed there up to next day morning and during that time he had sexual intercourse with P.W.1 and that on receiving the phone call to his father the police registered a case that he came back along with
P.W.1 to Gowaravaram and roaming at Gowaravaram without going to his house that the police seized the pant and shirt of the juvenile and that he does not remember the colour and particulars of the pant and shirt seized by the police that he can identify if 10 they shown to him that the said pant and shirt seized under the cover of mediators report, Ex.P7 that he signed on mediatorsnama that the police took the juvenile into the custody.
19.P.W.12 deposed that on 19.6.2011 PC 1389 of Chilakallu
P.S., brought the juvenile in conflict with law for potentiality test along with requisition that he has examined the juvenile in conflict with law and that on his examination he found no history of sexually transmitted disease and no history of systemic ill ness and that secondary sexual characters well developed that he has collected the specimens of semen, cubic hair, nails, blood of the juvenile in conflict with law and preserved the same and sent for chemical analysis to RFSL, Vijayawada that after receiving the report of RFSL, Vijayawada he has given final opinion that there is nothing to suggest that the juvenile in conflict with law is uncap- able to perform sexual intercourse that he issued potentiality certificate, Ex.P8 after receipt of RFSL Report that Ex.P9 is the
RFSL report.
20.P.W.13 deposed that on 31.5.11 at 11.30 AM she examined
P.W.1 and found that Hymen rubbed two fingers are penetrating into Vegenia and that specimens of blood, cubic hair, nails servicale swab veginal swale of P.W.1 collected and preserved and sent for chemical analysis report to RFSL Report, Vijayawada and that after receiving chemical analysis report she gave final opinion that P.W.1 is deflowered and as per RFSL report speermatozia were not found in viginial swap and sweripal of P.W.1 and that as per the expert opinion P.W.1 is aged about 14 to 15 years that
Ex.P10 is the wound certificate of P.W.1.
21.P.W.14 deposed that on 4.6.2011 he received requisition from SI of Police, Chilakallu examined P.W.1 and on his examination of P.W.1 he is of the opinion that P.W.1 is aged about 11 14 to 15 years that he has examined P.W.1 physically and mentally, Radiology and came to the above opinion that Ex.P11 is the age determination certificate issued by him that Ex.P11 is the age determination certificate of P.W.1.
22.P.W.15 deposed that on 29.5.2011 at 10.00 PM P.W.1 along with P.Ws. 2 and 3 came to police station and presented a report,
Ex.P1 upon which he registered a case in Cr.No.78/11 u/s 363 of
IPC and issued FIR to all the concerned officers that Ex.P12 is the
FIR issued by him that he took up investigation and examined
P.Ws. 1 to 3 and recorded the statements u/s 161 Cr.P.C. that on 13.5.2011 at 7.00 AM he went to scene of offence situated at
Gowaravaram village and drawn the rough sketch of the scene and also secured P.W.9 M. Hussain (L.W.12) and conducted scene of offence panchanama in their presence that Ex.P13 is the rough sketch drawn by him that he secured P.W.4 to 8, P.W.10 and L.W.7
G. Valaba Raju examined them and recorded their statements then he sent P.W.1 to the Government Hospital, Jaggaiahpet for medical examination and report that on 4.6.2011 he has also sent
P.W.1 to the Government General hospital, Vijayawada for determination of the age that on 7.6.2011 the mother of P.W.1 i.e.,
P.W3 came to P.S., and gave report stating that her daughter
P.W.1 was sexually abused by the juvenile in conflict with that then he altered the section of law from 363 of 376 of IPC and issued alteration memo that Ex.P14 is the alteration FIR that on 7.6.2011 he handed over the C.D. file to the Inspector of Police,
Jaggaiahpet L.W.19 A. Appala Raju for further investigation.
23.P.W.16 deposed that on 7.6.2011 P.W.15 informed that the mother of P.W.1 i.e., P.W.3 came to police station and presented a report and that he received the same and issued alteration FIR,
Ex.P14 that he received C.D. file on the same day from P.W.15 and 12 verified the investigation done by P.W.15 and then he secured
P.Ws. 1 to 3 and re-examined them and recorded their statements that he visited the house of P.W.1 at Gowaravaram village and secured P.Ws. 4 to 8 and 10 and L.W.7 re-examined them and that he has not recorded their statements as they were not stated nothing that on 9.6.2011 he along with mediators P.W.11 and
L.W.13 Janakiramayya went to Gowaravaram village to the house of juvenile at 8.00 AM that he has apprehended the juvenile in conflict with law in the presence of mediators and seized the clothes of the juvenile that MO-2 is the stripes shirt with wheat colour of juvenile that MO-3 is the black and light green strips pant of the juvenile under the cover of mediatorsnama Ex.P7 that he apprehended the juvenile in conflict with law and sent him for judicial remand to JJB that on 7.6.2011 P.W.1 handed over MO—1 to him that after examining her and that he send the juvenile in conflict with law to the Government Hospital, Jaggaiahpet for potential test before sending him judicial custody that he has sent material objects collected by the medical officer for chemical analysis to RFSL, Vijayawada along with the letter of advise that after receiving chemical analysis report age determination certificate of P.W.1, potentiality certificate of the juvenile and the wound certificate of P.W.1 he filed charge sheet in this case.
24.P.W.7 the neighbour of P.W.1 deposed that he does not know about the facts of this case. In the cross-examination of prosecution he denied the suggestion that he stated before the police as in Ex.P3.
25.P.Ws. 8 and 10 who are cited in the memo of evidence as relatives of the juvenile came to know about the kidnap and traced out the juvenile and victim at Hyderabad and brought them back to the Gowravaram village deposed that they do not know P.W.1 13 and that they do not know about the facts of this case. In the cross-examination by prosecution they denied the suggestion that they stated before the police as in Exs.P4 and P6 respectively.
26. P.W.1 in her chief-examination deposed that on Friday i.e., on 27.5.2011 in the evening at about 2.30 PM while she was going to the house of her paternal aunt Rajyalakshmi, P.W.4 by walk and that when she reached near wine shop at Gowaravaram the juvenile came in an auto and asked her where she is going then she told him that she is came to her paternal aunt’s house then the juvenile by saying that he is also going towards that side and pulled her inside the auto then the juvenile placed his kerchief on her nose due to which she became unconscious whereas in the report, Ex.P1 given by P.W.1 it is mentioned that on 27.5.2011 in the afternoon at 3.30 PM her friend Mohammad Shah juvenile in conflict with law proposed to marry her by going to Hyderabad upon which at 3.30 PM by telling to her father that she is going to her maternal aunt left and while the juvenile in conflict with law is at Gowaravaram centre gone to the said place and from there the juvenile in conflict with law took her in the auto to Jaggaiahpet in
RTC bus from there in Hyderabad to a bus and that both of them went to Charminar old city and got down in the night at 12.00 O’ clock in the mid night. In the cross-examination by defense P.W.1 admitted that in Ex.P1 it is mentioned that the juvenile came in an auto to wine shop and from there they have gone and that she has gone there by saying that she is going to her paternal aunt’s house. Witness further deposed that in Ex.P1 she has not mentioned about the same due to the fear of the relatives of juvenile. P.W.3 the mother of P.W.1 in her chief-examination deposed that after arrival of P.W.1 to police station she informed them that the paternal aunt and grand father relatives of juvenile 14 threatened her not to reveal anything before the police otherwise they will see her end that P.W.1 informed that the juvenile took
P.W.1 in an auto and gave sceditive to her and she lost conscious and took her to Hyderabad and taken her to room and tried to commit rape and that she gave report to the police Ex.P2. In the cross-examination by the defense she deposed that after arrival of
P.W.1 she gave report Ex.P2 to the police. P.W.15 deposed that on 29.5.2011 at 10.00 PM P.W.1 came along with P.Ws.2 and 3 to the police station and P.W.1 presented a report Ex.P1 upon which he registered a case in Cr.No.78/11 u/s 363 of IPC and issued FIR,
Ex.P12 and he further deposed that on 7.6.2011 the mother of
P.W.1 i.e., P.W.3 came to police station and gave report stating that her daughter P.W.1 was sexually abused by juvenile in conflict with law and he has altered the section of law from 363 to 363, 376 of IPC and issued FIR, Ex.P14. P.W.2 the father of victim girl deposed that he knows the juvenile and he belongs to
Gowaravaram that on 27th date about one year 15 days ago on
Friday his daughter P.W.1 at about 3.00 PM started towards the house of his sister Rajya Lakshmi P.W.4 from their house and that at about 5.00 PM on the same day he went to his sister Rajya
Lakshmi’s house to bring back P.W.1 to their house that his sister told him that P.W.1 is not turned up to her house upon which himself and his sister P.W.4 came towards Gowarawaram center informed that the juvenile taken P.W.1 in an auto towards
Jaggaiahpet side that himself and P.W.4 and his wife P.W.3 went to the house of Ramakrishna elder of the village at about 7.30 or 8.00 PM and he asked them to come after one hour they again went after one hour the said Rama Krishna asked them to go to the house of juvenile that they went to their house situated at
Gowarvaram and asked the parents of the juvenile that the 15 parents of the juvenile told them that the juvenile is not lifting the cell phone and asked them to do what ever his like again they went to the house of said Ramakrishna then the said Rama
Krishna told them that he will traced out the juvenile and P.W.1 by next day morning he will handed over P.W.1 at their house and that they waited till next day morning and that P.W.1 was not brought to their house and then they went to police station
Chilakallu at about 7.0 AM along with one Rama Rao, P.W.6 that he gave report to the police orally.
27.In the cross-examination by the defense P.W.1 deposed that the police called her parents to the police station when she was examined by the police and that her parents were at police station. She admitted that she has not stated before the police with regard to juvenile coming in an auto near wine shop and talking her where she is going and that she was going to her paternal aunt’s house and that the juvenile pulled her auto saying that he is also going to that side only and that she has not mentioned about the juvenile putting kerchief on her nose and herself becoming unconscious in Ex.P1 and also in her sec. 161
Cr.P.C. statement and that she has not stated in her chief- examination about her regaining consciousness in a bus at 2.00
AM on 28.5.2011 and evening, the juvenile beside her and she further deposed that she has also not mentioned about the same in Ex.P1. P.W.1 further deposed that the police have not taken her to Hyderabad to show the room where juvenile committed rape on her and that she has not stated to the police that the relatives of the juvenile threatened her as such she could not mention about the rape committed by the juvenile on her and that she does not know owner of the said room and that she found two voices in the adjacent room and that she has not informed neighbourers of the 16 said room that the juvenile caught hold forcibly and take her to that place. The investigating officer, has not stated about P.W.2 reporting the matter. In the cross-examination by the defense
P.W.2 deposed that on Friday evening he gave report to the police about the same on the same day. But the police asked him to wait till the arrival of their SI.
28.As per the evidence of P.Ws. 1 to 3 there are three reports in the instant case. The prosecution witnesses are not coming up with truth. They are tried to suppress the true facts. There is no explanation by the prosecution with regard to the reports given by
P.W.2. The investigating officer, P.W.16 in his cross-examination by the defense admitted that he has not secured any birth certificate of P.W.1 from her school. He further deposed that the victim has not identified the places at Hyderabad where she was kept by the juvenile and that he has not taken P.W.1 to
Hyderabad. P.W.15 the other investigating officer, admitted that in his investigation the places where juvenile kept P.W.1 in the
Hyderabad has not disclosed and that he further deposed that he has not examined any witnesses in whose house at Hyderabad the juvenile kept P.W.1. Upon perusal of the evidence of P.Ws. 1 to 3 it appears that they are interested and tutored witnesses. There is also no corroboration in the evidence of P.Ws.1 to 3. P.Ws. 8 and 10 who were cited as witnesses in the memo of evidence the persons who brought P.W.1 and juvenile from Hyderabad turned hostile and did not support the prosecution case. The prosecution failed to establish the ingredients of the offence punishable u/s 363, 376 of IPC against the juvenile in conflict with law beyond all reasonable doubt.
IN THE RESULT, juvenile is found not in conflict with law for the offence punishable u/s 363, 376 of IPC and he is set to liberty 17 u/s 255 (1) of Cr.P.C. His release bonds if any shall stands cancelled. MOs 1 to 3 shall be destroyed after appeal or revision time is over.
Dictated to the Personal Assistant, transcribed by him, corrected
and pronounced by me before the Board, dated this the 14th day of December, 2012.
Principal Magistrate,
Juvenile Justice Board-cum- II Addl. Chief Metropolitan
Magistrate,
Vijayawada.
MEMBERS
1.
2.
APPENDIX OF EVIDENCE
(Witnesses examined for)
PROSECUTION : JUVENILE :
P.W.1 : Panuganti Thirupatamma…None…
P.W.2 : Panuganti Nagaraju
P.W.3 : Panuganti Varalakshmi
P.W.4 : Kalisani Rajyalakshmi
P.W.5 : Maruthi Rama Rao
P.W.6 : Ganga Rama Rao
P.W.7 : Seelam Saidulu
P.W.8 : Shaik Saida
P.W.9 : Kanasani Srinivasa Rao
P.W.10 : Shaik Meera Hussain
P.W.11 : Bathina Sydulu
P.W.12 : Dr. U. Ramesh
P.W.13 : Dr. J. Naga Rani
P.W.14 : Dr. Brahmaji Master, M.D.
P.W.15 : D. Shiv Shankar
P.W.16 : A. Appala Raju
DOCUMENTS MARKED ON BEHALF OF PROSECUTION
Ex.P1Report of P.W.1 Ex.P2Report of P.W.2 Ex.P3161 Cr.P.C. statement of P.W.7 Ex.P4161 Cr.P.C. statement of P.W.8 Ex.P5scene of observation report Ex.P6161 Cr.P.C. statement of P.W.10 Ex.P7Mediators report Ex.P8Potentiality certificate Ex.P9RFSL Report 18
Ex.P10wound Certificate of P.W.1 Ex.P11Age determination certificate Ex.P12First Information Report Ex.P13Rough sketch Ex.P14Altered First Information Report
DOCUMENTS MARKED ON BEHALF OF DEFENSE
…NIL…
M.Os. MARKED
MO-1Blue colour panjabi dress upper and lower MO-2Strip shirt with white and wheat colour of juvenile MO-3Black and light green colour stripes pant of juvenile.
Principal Magistrate,
JJB-cum-II ACMM, Vja.
Juvenile Calendar Case No: 170/2011 on the file of II Addl. Chief
Metropolitan Magistrate-cum-Juvenile Justice Board,
Vijayawada.
Date of
Offence Report Apprehe Released Commenc Closure Final or n-sion of on bail e-ment of of trial Order complain Juvenile trial t 1 2 3 4 5 6 7 27.5.1128.5.1129.5.1129.5.1115.6.1230.11.114.12.12 19 2 Explanation for delay and remarks: (8)
This case is taken on file and posted to 30.12.11. On the same day the copies of documents are furnished to juvenile u/s 207 Cr.P.C. He is examined u/s 13(2) of JJ Rules for the offence u/s 363, 376 of IPC. P.Ws.1 to 16 were examined and Exs.P1 to 14 and MOs 1 to 3 were marked from 15.6.2012 to 30.11.2012. On 7.12.2012 juvenile is examined under rule 13 (4) of JJ Rules. Heard arguments on the same day. Final Order was pronounced on 14.12.2012. Hence, the delay.
Final Order in J.C.C.No:170/2011 on the file of II Addl. Chief
Metropolitan Magistrate-cum-Juvenile Justice Board,
Vijayawada .
State : The Sub Inspector of Police,
Jaggaiahpet Circle..Complainant.
Shaik Mahammad Shah @ Mahammadsha S/o. Khasim, 17 years, Muslim, GowaravaramVillage,Jaggaiahpet Mandal... Juvenile
Offence: 363 and 376 I.P.C. Finding: Found not in conflict with law. Result : Juvenile is found not in conflict with law for the offence punishable u/s 363, 376 of IPC and he is set to liberty u/s 255 (1) of Cr.P.C. His release bonds if any shall stands cancelled. MOs 1 to 3 shall be destroyed after appeal or revision time is over.
Principal Magistrate,
Juvenile Justice Board-cum- II Addl. Chief Metropolitan
Magistrate,
Vijayawada
Copy Submitted to the Hon’ble Metropolitan
Sessions Judge, Vijayawada.