N Radhika

J.C.C.No.254 of 2023Dated 08.05.2025 JJB/VIJAYAWADA

BEFORE THE JUVENILE JUSTICE BOARD, VIJAYAWADA

PRESENT :- SMT. NETTEM RADHIKA

PRINCIPAL MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, VIJAYAWADA

2) Smt. V.Annamani, Member, Juvenile Justice Board.

(Thursday, this the 8th day of May, 2025)

J.C.C.No.254/2023

Between :

The State: Rep by its Sub Inspector of Police, Machavaram Police Station, Vijayawada City … Complainant.

AND

Vallapati Rajesh ... Child in conflict with Law * * *

This Case came up today before me on 17.04.2025 for final hearing in the presence of Miss. Y.Satyavani, Learned Assistant Public Prosecutor for the Complainant and of Sri K.Madhusudanarao, K.Karthik, M.N.Naresh, Learned Advocates for CCL Boy and the matter having been stood over till this day for consideration, this Court delivered the following:- :: F I N A L O R D E R ::

The Sub Inspector of Police, Machavaram Police Station, filed final report in Cr.No.769/2022 fort he offences under section 354-(D) of Indian

Penal Code (Herein after refer as to IPC for brevity) and Section 12 of

Prevention of Children from Sexual Offence Act, 2012 (Herein after refer as to POCSO Act for brevity) against the child in conflict with law (Herein after 1 of 6

J.C.C.No.254 of 2023Dated 08.05.2025 JJB/VIJAYAWADA referred as to CCLfor brevity).

2. THE CASE OF THE PROSECUTION IS THAT :- 2.1.The victim girl is studying at SRR & CVR college. CCL also studying along with victim. He stalked her, harassed her in the name of love, threatened her and he informed that he will marry her after 7 years. The victim girl informed the same to her mother. Even the victim girl expressed that she does not like him, but CCL frequently followed and threatened her.

The victim girl cut her right hand wrist due to unbearable harassment of CCL.

Then her mother and her younger brother Raju shifted the victim girl to

Hospital for treatment. After returned to home, then victim girl is at home only and did not go to college. On one day CCL came to her house, he questioned the victim girl why she cut her wrist and he was promising the victim girl to elope and get marry and live at Bangalore, meanwhile the mother of victim came to House; and informed the same to his parents about his behavior.

CCL’s parents assured that they will control him. But the CCL did not change his attitude and following the victim girl in the name of love. Basing on the report of Mother of Victim girl, Machavaram Police registered First Information

Report as a case in crime No.769/2022 for the offence punishable U/s.354-D of IPC and Section 12 of POCSO Act, 2012.

2.2. During the course of investigation, LW.12/Sub Inspector of Police examined and recorded the statement of Victim in the presence of her parents under the Videography, visited scene of offence examined and recorded the statements of LW.1 to 9 i.e. K.Mani, N.Raju, V.V.Kumar, Victim girl, Ch.S.Sravani, B.Delicia, P.S.Saraswathi Devi, V.Sainath and V.Sai,

Served notice Under Section 41-A Cr.P.C to the CCL boy. LW.12/B.Naga 2 of 6

J.C.C.No.254 of 2023Dated 08.05.2025 JJB/VIJAYAWADA

Mani, Sub Inspector of Police obtained the study certificate of CCL and victim girl from LW10/S.Sarala Kumari, Principal, SRR & CVR College, Vijayawada got recorded section 164 Cr.P.C statement of the victim girl through

LW11/Smt.N.Jyothi III Addl.Junior Civil Judge, Vijayawada and after completion of investigation filed final report against CCL boy for the offences u/s. 354-D of IPC and Section 12 of POCSO Act, 2012.

3.This Board took Cognizance of the case against CCLfor the offence u/s. 354-D of IPC and Section 12 of POCSO Act, 2012.

4.On appearance of CCL, case Copies are furnished to him as contemplated u/s.207 of Criminal Procedure Code, 1973 (Herein after referred as Cr.P.C for brevity).

5.CCLwas examined U/s.251 Cr.P.C. The substance of the accusation levelled against him for the offences U/s. 354-D of IPC and Section 12 of

POCSO Act, 2012 explained and read-over to him in Telugu language for which he denied the offence and claimed the case to be tried.

6.To prove their case, the prosecution examined PW.1 and PW.2 and exhibited Ex.P1 to P4. The learned APP given up the evidence of Lws.2,3,5, to 12 i.e. N.Raju,V.Vinay Kumar, Ch.Sri Sravani, B.Delicia, P.S.Saraswathi

Devi, V.Sainath, V.Sai, S.Sarala Kumari, N.Jyothi and B.Naga Mani, stating that PW.1 and PW.2 are the defacto complainant and victim not supported the case of the prosecution and turned hostile.

7.As there is no incriminating evidence in the testimonies of PW.1 and

PW.2 against the CCL, examination of u/s.313 Cr.P.C. is dispensed with.

8.Heard both sides. Perused the record.

3 of 6

J.C.C.No.254 of 2023Dated 08.05.2025 JJB/VIJAYAWADA

9.Now the point for consideration is that:

Whether prosecution has proved and established the guilt of CCL

for the offences punishable U/s. 354-D of IPC and Section 12 of

POCSO Act, 2012 beyond reasonable doubt?

10.POINT:

10.1 In order to establish the guilt of the CCL for the offence U/s. 354-D of

IPC and Section 12 of POCSO Act, 2012, the prosecution has to prove that the CCL boy followed & contacted the Victim girl to foster period interaction repeatedly despite a clear indication of disinterest by the victim girl and committed sexual harassment as defined Under section 12 of POCSO Act and stalking as defined U/s.354-D of IPC.

10.2. PW1, who is Defacto-Complainant deposed that about two years ago on one day the victim girl went to S.R.R. and C.V.R. college for pursuing intermediate first year, in the evening hours she did not return to the house, as such due to fear, she approached the Machavaram Police and gave intimation to them; in the late hours the victim girl came to her house, when she approached the police, they obtained her signature on some written papers under Ex.P1, but she does not know its contents. PW.1 further deposed that she admitted the signature on the report dt.15.12.2022 and pleaded ignorance as to the contents and she denied her 161 Cr.P.C

Statement under Ex2. PW.2, who is the victim girl deposed in the same lines as deposed by PW.1. In cross the examination done by the learned

Addl.Public Prosecutor PW.1 & PW.2 deposed that PW2 married about one year ago; on confrontation of statement dt.16.12.2022, PW.2 admitted the signature on it under Ex.P3 and pleaded ignorance as to the contents, and she denied her 161 Cr.P.C Statement under Ex.P4. These witness being

Defacto complainant and victim girl did not support the prosecution case and 4 of 6

J.C.C.No.254 of 2023Dated 08.05.2025 JJB/VIJAYAWADA turned hostile.

10.3. PW1 and PW.2, who are Defacto complainant and victim did not support the prosecution case and turned hostile. Except the evidence of

PW.1 and PW.2 there is no other evidence on record to support the case of the prosecution. Therefore, the evidence of PW1 and PW.2 is not sufficient to substantiate the accusation against the CCL boy, that he followed & contacted the Victim girl to foster period interaction repeatedly despite a clear indication of disinterest by the victim girl and committed stalking and sexual harassment against the victim girl. As there is no incriminating evidence against the CCL for the accusation leveled against him, this Board is of the considered opinion that the prosecution has failed to prove the case against the child in conflict with law beyond reasonable doubt. Hence, the CCL is entitled for acquittal. Point is answered accordingly.

11.IN THE RESULT, this Board found that the child in conflict with law is not guilty for the offences u/s. 354-D of IPC and Section 12 of POCSO Act, 2012, accordingly he is acquitted under section 17 (1) J.J. Act, 2015. The bail bonds of CCL, if any shall remain in-force for a period of six months as per Sec.437-A Cr.P.C.

Typed to my dictation to the Stenographer on computer, corrected and

pronounced by me in the open court, this the 8th day of May, 2025.

PRL. MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDL. CHIEF JUDICIAL MAGISTRATE, VIJAYAWADA

Appendix of Evidence

Witness examined

SL.No. For Complainant For Defence 5 of 6

J.C.C.No.254 of 2023Dated 08.05.2025 JJB/VIJAYAWADA

PW.1K.Mani -- None --

PW.2Victim Girl

Documents marked

SL.No.For Complainant For Defence

Ex.P1Signature of PW. 1 on report Ex.P2161 Cr.P.C Statement of PW. 1 -- NIL -- Ex.P3Signature of PW.2 on 161 Cr.P.C Statement Ex.P4161 Cr.P.C Statement of PW.2

Material Objects

Nil

PRL. MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDL. CHIEF JUDICIAL MAGISTRATE, VIJAYAWADA

Smt. V.Annamani Member, JJB Vijayawada.

6 of 6

BEFORE THE JUVENILE JUSTICE BOARD, VIJAYAWADA

PRESENT :- SMT. NETTEM RADHIKA

PRINCIPAL MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDITIONAL CHIEF JUDICIAL MAGISTRATE.

2) Smt. V.Annamani, Member, Juvenile Justice Board.

Friday, this the 5th day of December, 2025

J.C.C.No.326/2023

Between :

The State: Rep by Sub Inspector/RPF, Tadepalli Out Post. … Complainant. AND

1. xxxxxxx

2. xxxxxxx … Child in Conflict with Laws * * * This Case came up before me for final hearing on 05.12.2025 in the presence of Miss. Y.Satyavani, Assistant Public Prosecutor for the Complainant and of Smt. K.Mahalakshmi, Advocate for CCLs and the matter having been stood over till this day for consideration, this Board delivered the following:- :: F I N A L O R D E R ::

CCL boys are present. Crl.M.P.No. /2025 (filed by CCL No.1 and 2 for Re- examination) is allowed as per the reasons recorded therein. Accordingly CCLs are Re-examined U/Sec.251 of Cr.P.C. The substance of accusation for the offence U/Sec.3(a) of Railway Property (Unlawful Possession) Act, 2012 against CCL are explained and read-over to them in Telugu, for which they pleaded guilty.

This Board warned the CCL 1 and 2 that if they plead guilty that will be taken against them. Despite of the same the CCLs pleaded guilty. Thus, this Board is of the considered opinion that the guilty pleaded by the CCLs are voluntarilIn the result, the CCL No.1 and 2 are found in conflict with law for the offence Under Section 3(a) of Railway Property (Unlawful Possession) Act, 2012 and they are convicted under section 255 (2) Cr.P.C r/w section 18(1)(d) J.J. Act. The CCLs have undertaken that they will not come in conflict with Law in future and treat this offence as first offence and prayed the Board to show mercy on them The learned counsel for CCLs filed memo enclosing the photo copy of the Judgment in C.C.No.2191/2023 dated 30.08.2023 on the file of VII Addl. Metropolitan Magistrate, Court for Railways, Vijayawada against the Accused in this crime wherein the Accused by name Battina Durga Prasad was found guilty for the offence U/s. 3(a) of Railway Property (Unlawful Possession) Act, 2012 and property order was passed in the Judgment. Hence, no order passed in respect of property as the same pertaining to the above said C.C. against the Accused and already property order is passed.

The learned counsel for CCLs filed memo enclosing the photo copy of the Judgment in C.C.No.2191/2023 dated 30.08.2023 on the file of VII Addl. Metropolitan

Magistrate, Court for Railways, Vijayawada against the Accused in this crime wherein

the Accused by name Battina Durga Prasad was found guilty for the offence U/s. 3(a) of Railway Property (Unlawful Possession) Act, 2012 and property order was passed in the Judgment. Hence, no order passed in respect of property as the same pertaining to the above said C.C. against the Accused and already property order is passed.

By considering the submission of CCL 1 and 2 in view of the facts and circumstances of the case and the nature of offence, and in the Best interest of the Child, the CCL No.1 and 2 are sentenced to pay a fine of Rs.1,000/- (Rupees one Thousand only) each; (Total Rs.2,000/- Only) for the offence u/s. 3(a) of Railway Property (Unlawful Possession) Act, 2012, in default of payment of fine, they shall be sent to Special Home for ONE (1) Month each.

The CCL 1 and 2 are hereby admonished not to commit such offence again. Further CCLs are ordered to be kept under the supervision of Probation Officer for a period of three (3) months.

Office is directed to forward the copy of Judgment on plea of guilty to the District Probation Officer for implementation of the direction and to submit monthly report to this Board.

The Office is directed to issue receipt for payment of fine if paid so also to remit the fine amount to State forthwith.

Pronounced by me in open court, this the 5th day of December, 2025.

Sd/- N.Radhika

PRL. MAGISTRATE, JUVENILE JUSTICE BOARD-

CUM - II ADDL. CHIEF JUDICIAL MAGISTRATE.

VIJAYAWADA.

Smt.V.Annamani

Member, JJB,

Vijayawada.

Appendix of Evidence - Nil -

Sd/- N.Radhika

Prl. MAGISTRATE, JJB, VJA.

BEFORE THE JUVENILE JUSTICE BOARD, VIJAYAWADA

PRESENT :- SMT. NETTEM RADHIKA

PRINCIPAL MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDITIONAL CHIEF JUDICIAL MAGISTRATE.

2) Smt. V.Annamani, Member, Juvenile Justice Board.

Thursday, this the 13th day of November, 2025

J.C.C.No.43/2025

Between :

The State: Rep by its Sub Inspector of Police, Penamaluru Police Station. … Complainant. AND

1. xxxxxxx

2. xxxxxxx … Child in Conflict with Laws * * * This Case came up before me for final hearing on 13.11.2025 in the presence of Miss. Y.Satyavani, Assistant Public Prosecutor for the Complainant and of CCLs are present as in person and the matter having been stood over till this day for consideration, this Board delivered the following:- :: F I N A L O R D E R ::

CCL No.1 & 2 are present stating that they intend to admit the offence and requested the Board to examine them. Hence CCLs are examined U/Sec.251 of Cr.P.C. The substance of accusation for the offence U/Sec.379 of IPC against CCLs are explained and read-over to them in Telugu, for which they pleaded guilty.

This Board warned the CCLs that if they pleads guilty that will be taken against them. Despite of the same the CCLs pleaded guilty. Thus, this Board is of the considered opinion that the guilty pleaded by the CCL boys are voluntarily.

In the result, the CCL No.1 & 2 are found in conflict with law for the offence Under Section 379 of IPC and they are convicted under section 255 (2) Cr.P.C r/w section 18(1)(d) J.J. Act. The CCLs have undertaken that they will not come in conflict with Law in future and treat this offence as first offence and prayed the Board to show mercy on them.

The unmarked case property i.e Mobile Real me XT, IMEI No.866121045670170 which was already given to defacto complainant for interim custody by the police and obtained acknowledgment, (which was filed) shall holds good, subject to appeal.

By considering the submission of CCL boy in view of the facts and circumstances of the case and the nature of offence, and in the Best interest of the Child, the CCL No.1 & 2 are sentenced to pay a fine of Rs.500/- (Rupees Five Hundred Only) each (Total fine amount of Rs.1,000/-) for the offence u/s.379 of Indian Penal Code, in default of payment of fine, they shall be sent to Special Home for Fifteen (15) days each.

The CCLs are hereby admonished not to commit such offence again. Further CCL is ordered to be kept under the supervision of Probation Officer for a period of three (3) months.

Office is directed to forward the copy of Judgment on plea of guilty to the District Probation Officer for implementation of the direction and to submit monthly report to this Board.

The Office is directed to issue receipt for payment of fine if paid so also to remit the fine amount to State forthwith.

Pronounced by me in open court, this the 13th day of November, 2025.

sd/- N.Radhika

PRL. MAGISTRATE, JUVENILE JUSTICE BOARD-

CUM - II ADDL. CHIEF JUDICIAL MAGISTRATE.

VIJAYAWADA.

Smt.V.Annamani Member, JJB, Vijayawada.

Appendix of Evidence - Nil -

sd/- N.Radhika

Prl. MAGISTRATE, JJB, VJA.

APKR220001062025

BEFORE THE JUVENILE JUSTICE BOARD, VIJAYAWADA

PRESENT :- SMT. NETTEM RADHIKA

PRINCIPAL MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDITIONAL CHIEF JUDICIAL MAGISTRATE.

2) Smt. V.Annamani, Member, Juvenile Justice Board.

Friday, this the 4th day of July, 2025

J.C.C.No.239/2023

Between :

The State: Rep by its Sub Inspector of Police, S.N.Puram Police Station. … Complainant. AND xxxxxxx … Child in Conflict with Law * * * This Case came up before me for final hearing on 04.07.2025 in the presence of Miss. Y.Satyavani, Assistant Public Prosecutor for the Complainant and of Sri U.John Victor, Advocate for CICLand the matter having been stood over till this day for consideration, this court delivered the following:- :: F I N A L O R D E R ::

CICL boy is present. Crl.M.P. /2025 (filed by CICL for Re- examination) is allowed as per the reasons recorded therein. Accordingly CICL is re-examined U/Sec.251 of Cr.P.C. The substance of accusation for the offence U/Sec.379 of IPC against CICL is explained and read-over to him in Telugu, for which he pleaded guilty.

This Board warned the CICL that if he pleads guilty that will be taken against him. Despite of the same the CICL pleaded guilty. Thus, this Board is of the considered opinion that the guilty pleaded by the CICL boy is voluntarily.

In the result, the CICL is found in conflict with law for the offence Under Section 379 of IPC and he is convicted under section 255 (2) Cr.P.C r/w section 18(1)(d) J.J. Act. The CICL has undertaken that he will not come in conflict with Law in future and treat this offence as first offence and prayed the Board to show mercy on him.

The unmarked case property i.e Yellow colour Huge company gear cycle which was already given to defacto complainant for interim custody by the police and obtained acknowledgment, shall holds good subject to appeal.

By considering the submission of CICL boy in view of the facts and circumstances of the case and the nature of offence, and in the Best interest of the Child, the CICL boy is sentenced to pay a fine of Rs.500/- (Rupees Five Hundred Only) for the offence u/s.379 of Indian Penal Code, in default of payment of fine, he shall be sent to Special Home for One (1) Month.

The CICL is hereby admonished not to commit such offence again. Further CICL is ordered to be kept under the supervision of Probation Officer for a period of three (3) months.

Office is directed to forward the copy of Judgment on plea of guilty to the District Probation Officer for implementation of the direction and to submit monthly report to this Board.

The Office is directed to issue receipt for payment of fine if paid so also to remit the fine amount to State forthwith.

Pronounced by me in open court, this the 4th day of July, 2025.

sd/- N.Radhika

PRINCIPAL MAGISTRATE,

Smt.V.Annamani JUVENILE JUSTICE BOARD, Member, JJB,VIJAYAWADA. Vijayawada.

Appendix of Evidence - Nil -

sd/- N.Radhika

Prl. MAGISTRATE, JJB, VJA.

BEFORE THE JUVENILE JUSTICE BOARD, VIJAYAWADA

PRESENT :- SMT. NETTEM RADHIKA

PRINCIPAL MAGISTRATE, JUVENILE JUSTICE BOARD - CUM -

II ADDITIONAL CHIEF JUDICIAL MAGISTRATE.

2) Smt. V.Annamani, Member, Juvenile Justice Board.

(Thursday, this the 20th day of November, 2025)

J.C.C.No.50/2025

Between :

The State: Rep by its Sub Inspector of Police, Gudivada I Town Police Station. … Complainant. AND xxxxxxx … Child in Conflict with Law * * * This Case came up before me for final hearing on 20.11.2025 in the presence of Miss. Y.Satyavani, Assistant Public Prosecutor for the Complainant and of CCL are present as in person and the matter having been stood over till this day for consideration, this Board delivered the following:- :: F I N A L O R D E R ::

CCL present. Copies furnished to her. CCL stated that she intend to admit the offence and requested the Board to examine her. Hence CCL is examined U/Sec.251 of Cr.P.C. The substance of accusation for the offence U/Sec.309 of IPC against CCL is explained and read-over to her in Telugu, for which she pleaded guilty.

This Board warned the CCL that if she pleads guilty that will be taken against her. Despite of the same the CCL pleaded guilty. Thus this Board is of the considered opinion that the guilty pleaded by the CCL is voluntarily.

In the result, the Child in Conflict with Law is found guilty and she is convicted under section 255 (2) Cr.P.C r/w section 18(1)(d) J.J. Act. The CCL has undertaken that she will not come in conflict with Law in future and treat this offence as first offence and prayed the Board to show mercy on her. The prosecution has not placed any material before the Board that there are any previous convictions to the credit of CCL.

By considering the submission of CCL in view of the facts and circumstances of the case and the nature of offence, the CCL is sentenced to pay a fine of

Rs.1,000/- (Rupees One Thousand Only) for the offence u/s.309 of IPC, in default of payment of fine, she shall suffer Simple Imprisonment for ONE (1) Month in Home,

Vizag for the offence under section 309 of IPC.

The CCL is hereby admonished not to commit such offence again. Further CCL is ordered to be kept under the supervision of Probation Officer for a period of three (3) months.

Office is directed to forward the copy of Judgment on plea of guilty to the District

Probation Officer for implementation of the direction and to submit monthly report to this Board.

The Office is directed to issue receipt for payment of fine if paid so also to remit the fine amount to State forthwith.

Pronounced by me in open court, this the 20th day of November, 2025.

sd/- N.Radhika

PRL. MAGISTRATE, JUVENILE JUSTICE BOARD-

CUM - II ADDL. CHIEF JUDICIAL MAGISTRATE.

VIJAYAWADA.

Smt.V.Annamani Member, JJB, Vijayawada.

Appendix of Evidence - Nil -

sd/- N.Radhika

Prl. MAGISTRATE, JJB, VJA.