POCSO Court, VSP 1 S.C.No.31/2023
IN THE COURT OF SPECIAL JUDGE FOR TRIAL OF THE OFFENCES
UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT AT VISAKHAPATNAM
Present: Smt P.MANGA KUMARI,
Special Judge for trial of the Offences under POCSO Act ,
Visakhapatnam.
Friday , the 15 th day of May, 2026
Sessions Case No.31/2023
in Cr.No.228/2022 of MVP Police Station
Complainant:State represented by the Assistant Commissioner of Police, Dwaraka Sub Division, Visakhapatnam city. Accused:Chintada Naveen Kumar, S/o.late Anand, aged 24 years, Caste by SC, R/o.near Bhoolokamatha Temple, Venkojipalem, Visakhapatnam city. Offences charged: Under section 5(l) r/w 6 of POCSO Act 2012 and Under sections 376(2)
(n), 506, 451 of IPC.
Name of the Police station :Cr.No.228/2022 of M V P Police Station and Crime number
Plea of the accused:Pleaded not guilty.
Finding of the Court:Found guilty
Sentence /Order: In the result, accused is found guilty for the charges Under sections 5(l) r/w 6 of POCSO Act 2012 and under section 451, 506 of IPC and he is
POCSO Court, VSP 2 S.C.No.31/2023 convicted under section 235(2) of Cr.P.C., for the said charges. MO1 & 2 shall be destroyed after expiry of appeal time.
This case came up before me on 07.05.2026 for final hearing in the presence of Sri B Rajasekhar, Special Public Prosecutor, Visakhapatnam for the State and of Sri Ch.Suryam, Advocate for the accused. Upon hearing their arguments and having considered the matter till this day, this Court delivered the following:
J U D G M E N T
1. The Assistant Commissioner of Police, Dwaraka Sub
Division, Visakhapatnam city filed charge sheet against the accused in Cr.No.228/2022 u/s.451, 376 of IPC and u/s.5(l) r/w 6 of POCSO Act-2012.
2. The prosecution case in brief is that, the mother of the victim/LW1 who has been working in Sai Ram Parlour, Near
Diamond Park, Visakhapatnam for last 6 years, her husband working as electrician in Bobbili. The victim is her daughter who is studying 8th class in Sri Shanti Ashram School. In 2nd week of July 2021 on the occasion of victim’s birthday she along with the victim went to temple at Jalaripeta, when the accused who previously worked along with her in Sai Ram Parlour came and conveyed birthday wishes to the victim. Later she noticed
POCSO Court, VSP 3 S.C.No.31/2023 that the victim is talking with somebody over phone and asked the same. Victim replied that accused has been contacting her over phone and blackmailing her to love him so that she is also talking with the accused. Then mother of the victim warned him in the presence of Ch.Ravi Kumar/LW6 and
V.Sathibabu/LW7 and left him. On 07.04.2022 at about 11.00AM when she returned home from hotel due to her ill health, she found the accused along with the victim in her house. On seeing her, accused fled away from the place and on that she questioned the victim about presence of accused in the house for which victim revealed that accused has been stalking her for last 2 years, he took a selfie photograph and assured her that he will marry her and on 07.10.2021 accused participated in sexual intercourse with her under coercion in the absence of inmates of the house, further accused warned that if she reveal the same to anyone he willupload the photographs in whatsapp and will not marry her. Then accused had sexual intercourse with her in her house at Jalaripeta about 7 to 8 times. Since it is a matter of defame to their family. The mother of the informed the same to her husband / LW3. After discussing the matter among their family she lodged the
POCSO Court, VSP 4 S.C.No.31/2023 report requesting to take necessary action against the accused who induced her daughter with his words and had sexual intercourse with her minor daughter. Assistant Commissioner of Police, Dwaraka Sub Division, Visakhapatnam city/LW17 took up investigation in this case as the accused committed aggravated penetrative sexual assault on the victim girl repeatedly. During the course of investigation, Assistant
Commissioner of Police, Dwaraka Sub Division, Visakhapatnam city examined mother of the victim and recorded her statement, forwarded the victim to K G H, Visakhapatnam for medical examination. He instructed Woman Sub Inspector,
MVP police station/LW15 to record the statement of the victim and also got videographed the same. Assistant Commissioner of Police, Dwaraka Sub Division, Visakhapatnam city secured mediators and observed the scene of offence visited the scene of offence in their presence, arrested the accused on 22.04.2022 in the presence of mediators and seized gold colour intex android phone with IMEI Nos.911564900756605, 911564900756613. He filed requisition before Chief
Metropolitan Magistrate Court to nominate the Magistrate to record u/s.164 Cr.P.C statement of the victim. He obtained
POCSO Court, VSP 5 S.C.No.31/2023 permission for conducting potency test and addressed a letter to Head Master, Shanthi Ashram School, Lawson’s Bay Colony for issuing the date of birth certificate of the victim. He forwarded material objects ie.,the phones of the accused and the victim for analysis report to RFSL, Mangalagiri. After completion of investigation he filed charge sheet. The prosecution sought for rehabilitation of the victim to award maximum compensation as contemplated u/s.33(8) of POCSO
Act 2012. As the investigation reveals that the accused trespassed into the house of mother of the victim in their absence and lured the victim on pretext of love taking selfie photograph started blackmailing her that she must allow him to have sexual intercourse with her otherwise he will make public the photographs and defame her in the society, While the victim was in the age of 13 years 9 months.
3. This court on perusing the record taken cognizance u/s.451, 376, 506 of IPC and u/s.5(l) r/w 6 of POCSO Act against accused and registered the same as SC No.31/2023 and issued summons to accused for his appearance before this court.
POCSO Court, VSP 6 S.C.No.31/2023
4. Accused on receiving of summons, appeared before the court and engaged counsel; copies were furnished u/s.207,
Cr.P.C. He was examined u/s.228 (2) Cr.P.C charged Under section 5(l) r/w 6 of POCSO Act 2012 and Under sections 376(2)
(n), 451, 506 of IPCread over and explained the charges to him in Telugu, for which he denied the offence and claimed to be tried.
5. The prosecution examined mother of the victim (LW1) as PW1; Victim was examined as PW2; On S.Ramesh Babu /
LW5 was examined as PW3; One Ch.Ravi Kumar/LW6 was examined as PW4; Inspector of Police was examined as PW5;
R.Santhosh Kumar/LW8 who is One of the mediators in whose presence scene was observed, arrested the accused and seized mobile was examined as PW6; Assistant Professor, AMC, K G H,
Visakhapatnam/LW11 was examined as PW7; Assistant
Commissioner of Police, Dwaraka Sub Division, Visakhapatnam city/LW17 was examined as PW8 and Exs.P1 to P10 and MOs 1 & 2 were marked.
6. After closure of prosecution evidence, the accused was examined U/sec. 313, Cr.P.C by explaining the incriminating material available against him from the evidence of
POCSO Court, VSP 7 S.C.No.31/2023 prosecution witnesses, the accused having understood the same denied and reported no defence.
Heard both sides.
7. Now the points for determination are:
Whether the prosecution has proved the foundational facts if so, whether the accused has rebutted the same by cogent evidence?
8. To decide the point, it is fit and proper to go through the evidence let in by prosecution. (foundational facts, proof of age, whether it is the outcome of any previous grudges or disputes)
9. PW1 who is mother of the victim working as Promoter in
SVS Super Market deposed in her evidence that she is having two children and Victim is her younger daughter born on 02.07.2008. Previously she worked as Waiter in Sai Ram Parlour,
Diamond Park, Visakhapatnam and she know the accused who also used to work in Sai Ram Parlour as Waiter. Her husband is an Electrician working at Bobbili and used to travel from
Visakhapatnam to Bobbili weekly once. She is having mobile phone with her which she used to carry along with her while coming to the work. The victim was aged 12 years by the
POCSO Court, VSP 8 S.C.No.31/2023 alleged incident i.e., 2020-2021. Herself, her children along with her mother used to reside Jalaripeta, Adarshagramam. Her mother is working as Aya in Gurajada Kalasketharam. Her son used to go to college. Her daughter was studying 8th class in Sri
Shanti Ashram, Pedawaltair Depot. She further deposed that on some occasions she used to leave phone at home when the victim used to stay at house alone for her necessity. The accused trapped her phone and used to blackmail the victim.
On the eve of the birthday of the victim i.e., 02.07.2021 herself along with her daughter went to Durga Devi Temple which is near to her house where she found the accused present. On seeing her the accused ran away. Her son chased him and caught him. They took him and placed him before the elder /
President Gopi and when the president insisted accused as to why accused is following the victim aged 12 years and is a minor and also warned him that said elder would inform to the police when accused revealed that he love the victim. The president chastised accused and left under the belief that he would change his attitude. She further deposed that On the next day as usual she left on her work but due to ill-health of the victim she did not go to school. So she left her mobile with
POCSO Court, VSP 9 S.C.No.31/2023 her and went to her work. Four days thereafter in view of her health disturbance she came back from work at 11.00 AM as she went on work on that day at 6.00 AM. she found the doors on front and back side of the house were closed. Usually she knock the door from back side but the victim did not open the door. As she is feeling sick she shouted and knocked strongly to open the door immediately then the victim came and opened the door by that time she found the accused running away by opening the front door. Her daughter appeared to be tense and is in terror. She questioned her what had happened then she informed all the past history that had happened between the accused and the victim. She informed that accused blackmailed her that he would expose the nude photos of the victim in social media if the victim will not accommodate him in sex and will not receive his phone call or messages and out of threat she accorded the accused for committing sexual assault on her without intimating the fact to anybody. For three or four days
PW1 was not in a position to react as she is lady who has to face the society. Later she made up her mind to report the matter to the police. So she approached the MVP Police Station and gave a written report to the police. With the assistance of
POCSO Court, VSP 10 S.C.No.31/2023 women constable the victim was sent to KGH along with her for medical examination.
In her cross examination, she stated that her son was aged 18 years by the time he was pursuing graduation.
The age difference between the victim and her son is 5 years.
She could not able to sign on the FIR copy and could not recollect the date specifically when the victim was taken before the medical officer for examination but to her remembrance on the same day when the report was given they were sent for medical examination of the victim. They remained in the hospital on that day and on the next day morning they returned in the after noon hours.
10. PW2 who is the victim, deposed in her evidence that during 2020-2021 she was studying 8th class at Santhi Ashram
School. Her brother was studying Degree and her mother was working in Sai Ram Parlour near Diamond Park. Her father was working as Electrician working at Bobbili. Accused used to work in Sai Ram Parlour along with her mother forwarded a message as “Hai” to the phone of her mother on seeing her photo in the mobile. Then she questioned accused as to his behaviour for which accused informed her to be friends. So she
POCSO Court, VSP 11 S.C.No.31/2023 thought that the accused is a friend. Taking advantage of the same accused continued and at one stage he expressed that he is in love with her which she refused. They took photos. Later accused started threatening her if she did not oblige accused request in satisfying his lust else accused would place the photos in facebook and instagram. Out of threat she was forced to have sex with accused seven or eight times. On 02.07.2021 on the eve of her birth day herself and her mother went to Durga Devi Temple. She observed accused who is following them and her mother questioned her as to why accused is following her. She informed the past history. The same was informed to president Gopi who is residing at
Jalaripeta. He cautioned accused and not to act in that manner and to behave properly as she is a minor. At one instance accused forwarded a message questioning whether any inmates present inside the house. She responded to the message and informed none are present. He came to their house and committed sexual assault on her. Her mother returned home at about 11.00 AM. On seeing her mother accused ran way. Her mother informed the said fact to her father. At first they hesitated to reveal the fact as it relates to
POCSO Court, VSP 12 S.C.No.31/2023 the privacy of a women but later they thought of giving the report as she is minor and to safeguard her they gave report.
In her cross examination she stated that herself, her mother, her brother, her paternal grand mother used to reside in their house and her father used to come weekly once. The accused committed sexual assault on her 6 or 7 times while she was at her house. She stated that about two years back the accused stopped working in Sai Ram Parlour. She denied the suggestion that her mother due to disputes between herself and accused at Sairam Parlour got foisted this false case making her as a prey under the guise of minor.
11. PW3 Senapathi Ramesh Babu resident of Jalaripeta,
Pedawaltair, Visakhapatnam deposed in his evidence that victim is his younger daughter and PW1 is his wife. In view of his job he is residing at Parvathipuram which is his working place. He has no acquaintance with accused. As his children pursuing academic education(schooling), he kept his family at his in-laws house. When he came to know about the harassment of accused to the victim, Two, three times he called accused on phone and cautioned to mend his behavior but
POCSO Court, VSP 13 S.C.No.31/2023 there is no change and he came to know about the incident.
Then they gave report to the police.
12. PW4 deposed in his evidence that about 3 or 4 years back while he was coming on the way of Pedajalaripeta he heard galata and he questioned the surrounding people as to what had happened and he was informed that accused is harassing the victim. They chastised accused for which he promised that he would never commit any such offence hereafter.
In his cross examination he stated that he cannot recollect the date, day or year when the galata happened. He stated that he is not the president of the village but he is a car driver.
13. PW5 the then Inspector of Police, MVP Police Station,
Visakhapatnam City deposed in his evidence that on 21.04.2022 at about 19.00 hrs PW1 came to the police station and gave a written report. Basing on the report he registered a case in
Cr.No.228/2022 U/sec.451, 376 of IPC and Sec.5 (l) r/w Sec.6 of
POCSO Act, 2012, he submitted the original FIR to the concerned Court and copies to all our superiors concerned. As per the instructions ACP he forwarded the victim and her
POCSO Court, VSP 14 S.C.No.31/2023 mother along with women PC to one-stop center where the victim was examined by Women SI of Police. In view of the nature of the offence their ACP taken over the file for investigation.
In his cross examination, he admitted that there is a delay as per the date mentioned in the FIR to lodging the report. He also admitted that the FIR does not bear the signature of the defacto complainant. He admitted that in
Ex.P3 except the name Naveen in the accused column the details were not mentioned including the surname.
14. PW6 working as Ward Education Secretary, MVP Sector
Sachiwalayam since 6 years. He deposed in his evidence that on 22.04.2022 himself and S. Rakesh /LW9 received phone call from ACP, MVP Police Station requesting to act as mediators in a case at about 5 A.M. Immediately, they went to the police station and accompanied with the police to Pedda Jalaripeta, the door no. 5-5-66. In their presence, the ACP along with his police party observed the scene of offence, mother of the victim assisted the police party while observing the scene of offence. The police seized OPPO mobile and dress (blue colour pant, blue colour top and pink and yellow chunny) under the
POCSO Court, VSP 15 S.C.No.31/2023 cover of mediators report. He further deposed that again on the same day in the after noon hours they received phone call from the police station to accompany with them. At about 12 noon they all went to GVMC park, back side of Amma Hospital,
MVP Colony and observed a boy in a suspicious manner.
Police seized “Intex” mobile phone from the possession of accused under the cover of confessional statement cum mediators report.
In his cross examination he admitted that in the scene observation report except mentioning 6 whether it is morning or night is silent. They went on their vehicle to the scene of offence. He admitted that the recital in the scene observation report that they have not seized any incriminating material relating to the offence. He further contends that the mother of the victim handed over MO1 informing that it was used by the victim while previous offence was committed and he admitted that in the scene observation report the time was not specifically mentioned whether it is morning or night hours.
15. PW7 deposed in her evidence that on 22.04.2022 at 1.25 AM victim came along with Women PC 4168 and her mother and she examined the victim and found no external
POCSO Court, VSP 16 S.C.No.31/2023 injuries on external genitalia, no external injuries anywhere on the body. She collected the specimens cutting of pubic hair, vulval swab and smear, vaginal smear and handed over to the
I.O for forwarding for RFSL examination. After receiving of the
RFSL report she gave her final opinion depending on the clinical examination finding and laboratory reports of the hospital lab investigation RFSL report that no external injuries on external genitalia, no external injuries any where on the body could be found.
PW7 in her cross examination deposed that generally if any sexual assault is committed the marks will be visible for 4 to 5 days. As the victim did not narrate any of the alleged facts mentioned in column No.15 of Ex.P5 she have not narrated the said fact in the said column. Infact column No.15 A (vii)
Description of incident was mentioned as follows: alleged to have been cheated, sexually assaulted and black mailed by known person named Naveen. On 07.04.2021 he sexually assaulted her at her house by threatening that he will post the photos in whatsapp by balckmailing her by sexual assault several times since then last sexual assault was on 07.04.2022
POCSO Court, VSP 17 S.C.No.31/2023
16. PW8 the then Asst. Commissioner of Police, Dwaraka Sub-
Division, Visakhapatnam deposed that on 21.04.2022 he took up investigation in Cr.No.228/2022 of MVP PS from the
Inspector of Police, MVP PS which was registered by the
Inspector of Police a case in Cr.No.228/2022. Himself along with his staff proceeded to one-stop center where he received copy of FIR. He secured the presence of mother of the victim/PW1 examined and recorded her statement, got recorded the statement of the victim girl through women SI of
Police and forwarded the victim girl to the KGH along with her mother and with the assistance of women PC for medical examination. On 22.04.2022 he secured the presence of mediators, visited the scene of offence and observed the scene in the presence of the above mediators under the cover of scene observation report. The mother of the victim handed over MO1 which was seized under the cover of Ex.P-6. He also prepared rough sketch, he secured the presence of witnesses, examined them and recorded their statements. Inspite of his best efforts to examine the neighbours none came forward. On the other hand the mother of the victim requested not to reveal before the neighbours by way of enquiry in view to safe
POCSO Court, VSP 18 S.C.No.31/2023 guard the modesty of the victim. He obtained date of birth cum study certificate of the victim. He secured the above mediators and proceeded to the GVMC Park gate back side of Amma
Hospital , MVP colony where they found the accused in suspicious manner and basing on his confession he arrested accused under the cover of confessional-cum-mediators report in the presence of mediators and seized MO-2. After following the formalities the guidelines of the Honble Apex Court he forwarded accused for judicial remand. He obtained permission from the concerned Court and got recorded
U/sec.164 Cr.P.C statement of the victim. He also obtained the mobile phone of the victim’s mother and ascertained the number of the SIM. Later he forwarded the mobile phone seized from the accused along with the photos of victim and accused to FSL, Mangalagiri to retrieve the data. On 23.04.2022 he secured the presence of PW3, PW4, Vangapandu Satti
Babu/LW7 and recorded their statements.
In his cross examination he stated that LW1 to LW5 are all relating to one family and also admitted that lodging of the report there is a delay by the defacto complainant.
POCSO Court, VSP 19 S.C.No.31/2023
17. It is the burden upon the prosecution to establish the foundational facts such as the victim age and the commission of offence. Here in the case on hand the prosecution relied upon Ex.P2 Birth certificate obtained from the Panchayat Office issued by Registrar of Births and death. As per the birth certificate the victim’s date of birth was mentioned as 02.07.2008 there is no specific denial that the victim is not a minor by the alleged date of incident and Ex.P2 is proved.
18. The prosecution also relied upon Ex.P9 which is APFSL report (data retrieved from the mobile of the accused which reveals that :
1) it is found that Item-1 is in working condition. The
Expert performed physical extraction method on thephone memory of Item-1 by using forensic mobile extraction tool(UFED/version 7.53.0.24) and retrieved data. The retrieved data from the phone memory of Item-1 contained Autofill, Call log, GB Whatsapp, Native messages, contacts, Downloads,
Emails, Installed Applications, Instant Messages, social media, user accounts, web history, Audio files, Images and Videos etc., the list of contents retrieved from the phone memory of Item-1
POCSO Court, VSP 20 S.C.No.31/2023 is furnished in a hard copy marked by me as Annexure-1,
CBF/187/2022.
1.1 He has examined the Images/Videos in the retrieved data from the phone memory of Item-1 and found.
i. Some relevant images pertinent to a male person present in photograph item-2.
ii. Some relevant images pertinent to a female person present in photograph item-3.
iii. Some close proximity images pertinent to a male and female persons present in photograph items-2&3.
1.2 he has compared the facial features of male person present in item-2 and female person present in item 3 with the corresponding visible facial features of male andfemale persons in images retrieved from item-1 and found to be similar.
19. The extraction report ie., Annexure I which reflects the photos of the victim and the accused exhibiting closely and it also reveals the victim is acting to his tunes taking photos in various postures in a close proximity.
POCSO Court, VSP 21 S.C.No.31/2023
20. As per the prosecution version and the report contents of
Ex.P1 the accused under the guise of love, threatened the victim that if victim would not heed to his directions he will exhibit the photos to the public and he will not marry her.
Under the said threat he sexually assaulted the victim several times. As per the contents of report on 07.04.2022 when PW1 returned from duty at 11.00AM due ill health, she found the victim and the accused in the house on seeing her the accused ran away that was corroborated by PW2(victim).
21. With regard to delay in lodging FIR (giving report by PW1) the reason explained by PW1 as the matter involved relating to the dignity of women, she could not immediately take steps.
She informed the same to her husband and later they reported the matter on 21.04.2022. Further the evidence of PW1 that 3 or 4 days she was not in a position to react as she is lady and she has to face the society. When the said act is a shock to the parents obviously there may not be immediate reaction to give report. Hence the delay explained is reasonable and plausible which is not fatal to the prosecution case.
22. The evidence of PW1 clearly reveals that they are under threat that if it is known to public they might be defamed in the
POCSO Court, VSP 22 S.C.No.31/2023 society. She stated to Police(PW8) not to reveal to the neighbour by way of enquiry and to safe guard the modesty of the victim. Hence the question of examining the neigbours will not arise.
23. Section 29 of POCSO Act clarifies the presumption of guilt of accused only arises if the prosecution establishes fundamental facts such as the victim age and the commission of offence. The accused can rebut this presumption, prosecution must first prove the fundamental facts of the case beyond reasonable doubt. Section 29 does not absolve the prosecution of its duty, it simply shifts the burden of proof to the accused once the foundation is laid; Once the foundational facts are proven, the accused must rebut the evidence to show that the contrary is true by preponderance of probability.
24. Here in the case on hand nothing could be elicited to suspect the prosecution version though the victim did not come forward to state before the learned VIII Additional Chief
Metropolitan Magistrate, Gajuwaka who recorded her section 164 Cr.P.C statement on 20.08.2022 stating that she is not doing well and sought time. On 27.08.2022 the learned learned
VIII Additional Chief Metropolitan Magistrate, Gajuwaka got
POCSO Court, VSP 23 S.C.No.31/2023 mentioned that she could not give her statement hence it is not recorded.
25. The mother of the victim has given statement which is in replica to the prosecution case. When the victim came before the court and deposed the evidence she narrated the facts that while she was studying 8th class in the year 2021 in Shanti
Ashramam School, the accused used to work in Sai Ram
Parlour along with her mother. He forwarded message through phone of her mother on seeing her photo in the mobile. Initially when the victim questioned his behavior, he informed that it is friendship relation. So she continued talking with the accused and taking advantage of the same, he expressed that he is in love with her. Though initially she refused, later she was lured and was influenced. To that extent the accused has not stopped his action and behavior. The victim further deposed in her evidence that she was forced to have sex with accused about 7 or 8 times under the threat from the accused, If she did not oblige the accused request and satisfy his lust, he would place those photographs in whatsapp and instagram. The accused by way of defence could not able to elicit anything against the evidence of PW2
POCSO Court, VSP 24 S.C.No.31/2023 who is the victim herein. The doctor who examined the victim gave findings. Though there are no signs of recent sexual intercourse, possibility of intercourse cannot be ruled out.
Even the medical examination was done two weeks after the alleged incident. The evidence of PW7 that generally if any sexual assault is committed the marks will be visible for four or five days. When once the prosecution could able to prove the foundational facts such as the age of the victim as a minor by the date of alleged incident and with regard to the alleged incident, section 29 of POCSO Act attracts.
26. Except mere suggestions denying the prosecution’s case nothing could be elicited to dis-credit the testimony of PWs 1 &
2. It is the evidence of PW2 who is the victim herein that sexual assault has been committed on her.
27. Section 30 of POCSO Act: 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
POCSO Court, VSP 25 S.C.No.31/2023 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.
28. In POCSO cases the sole testimony of the victim can be sufficient for conviction if the court finds it to be reliable and trustworthy. Corroboration of the victim's testimony is not always mandatory. The Hon'ble Supreme court and various
High courts have held that if the victim's statement is found to be credible, inspires confidence, it can be the basis for conviction. The court can assess the reliability of the victim's statement and determine if it is sufficient to prove the accused guilt beyond reasonable doubt. Where the victims testimony was deemed sterling quality and sufficiently inspired confidence, the court upheld the conviction based solely on the victim's statement even without strong medical corroboration.
29. From the evidence let in by the prosecution, the prosecution could able to prove the foundational facts of the age of the victim showing that she is minor by the alleged date of incident. She was committed to sexual assault by the accused even if considered there is consensual relation as she
POCSO Court, VSP 26 S.C.No.31/2023 is a minor below 16 years as the consent of a minor is of no consent. Moreover under the guise of love and marriage to the victim and to exhibit the photos in public if she do not cohabit with him he has committed sexual assault upon a minor. Hence the point is decided in favour of prosecution.
Section 5(l) of the Protection of Children from Sexual
Offences (POCSO) Act 2012: Aggravated penetrative sexual assault: l) whoever commits penetrative sexual assault on the child more than once or repeatedly;
Section 6 of the Protection of Children from Sexual
Offences (POCSO) Act 2012defines Punishment for aggravated penetrative sexual assault.—(1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
Section 376(2)(n) of IPC: Rape (n) commits rape repeatedly on the same woman: The offense is punishable with rigorous imprisonment for a term of not less than ten years, but which
POCSO Court, VSP 27 S.C.No.31/2023 may extend to imprisonment for life (remainder of the person's natural life), along with a fine.
Section 506 of IPC: Criminal Intimidation: Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
Section 451 of IPC: House trespass : Whoever commits house- trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine;
30. As the punishment prescribed for the offence committed under section 5(l) r/w section 6 of POCSO Act is greater than the punishment prescribed u/s.376(2)(n) of IPC, this court is inclined to impose punishment on the accused for the provisions under POCSO Act as this court is specially designated u/s.42 of POCSO Act.
31. In the result, accused is found guilty for the charges
Under sections 5(l) r/w 6 of POCSO Act 2012 and under section 451, 506 of IPC and he is convicted under section
POCSO Court, VSP 28 S.C.No.31/2023 235(2) of Cr.P.C., for the said charges. MO1 & 2 shall be destroyed after expiry of appeal time.
Typed to Dictation to the Stenographer-Gr.I, corrected and
pronounced by me in the open court on this, the 15th day of
May, 2026.
Sd/- (P.MANGA KUMARI)
Special Judge for trial of the Offences
under POCSO Act, Visakhapatnam
QUESTIONING ON SENTENCE: This court when questioned the accused about the quantum of sentence to be imposed on him, accused submitted that “ I am from poor family. I am having two unmarried sisters and my father expired twenty years ago. My mother is HIV patient. I am the sole earnings to my family. Hence prayed to take a lenient view.
This court having considered all the facts and circumstances and the nature of allegations made against him, no lenient view can be given in view of the nature of the offence and punishment to be imposed as per the act. Hence, this court opines that accused do not deserve any lenient consideration/punishment.
Hence, this court hereby sentences the accused to undergo
Rigorous imprisonment for a period of 20 years and also to pay a
fine of Rs.20,000/-(Rupees Twenty Thousand only) for the offence punishable under section 5(l) r/w 6 of the Protection of Children from Sexual Offences Act 2012 in default of payment of fine he shall undergo simple imprisonment for a period of Two months. The
POCSO Court, VSP 29 S.C.No.31/2023 accused is further sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 506 of the Indian Penal Code. The accused is further sentenced to undergo simple imprisonment for a period of One year and also to pay a fine of Rs.500/- (Rupees Five Hundred only) for the offence punishable under section 451 of the Indian Penal Code in default of payment of fine he shall undergo simple imprisonment for a period of ten days. All the sentences shall run concurrently.
Out of the total fine amount of Rs.20,500/- an amount of
Rs.20,000/- (Rupees Twenty Thousand only) shall be given to the victim towards compensation u/s.357(1) of Cr.P.C and Rs.500/- (Rupees Five Hundred only ) fine shall be confiscated to State.
The accused is informed about his right of appeal before the
Hon'ble High Court of Andhra Pradesh at Amaravathi and he is
further informed that he is entitled to get free legal-aid for preferring appeal against the judgment of this Court through District Legal
Services Authority, Visakhapatnam. The office is directed to furnish free copy of judgment to the accused today itself.
The accused is entitled for benefit of set off under section 428 of
Cr.P.C The period of detention of accused in the judicial custody from 23.04.2022 to 18.07.2022 ( 86 days) shall be given set off.
Typed to dictation by Stenographer-Gr.I, corrected and pronounced by me in the open court on this, the 15th day of May, 2026.
Sd/- (P.MANGA KUMARI)
Special Judge for trial of the Offences
under POCSO Act, Visakhapatnam
POCSO Court, VSP 30 S.C.No.31/2023
Form C(Rule 67(3)
List of Prosecution Witnesses (A). Prosecution:-
RankName
PW.1S.SaradaMother of the victim
PW.2VictimVictim
PW.3S.Ramesh BabuFather of the victim
PW.4Ch.Ravi Kumar @ GopiHearsay witness
P.W.5P.RamanayyaInvestigating Officer
P.W.6R.SantoshMediator
P.W.7Dr.A.V.Swarajya LakshmiDoctor
P.w.8P.V.S.MurthyInvestigating Officer (B). Defence Witnesses, if any: (C).Court Witnesses, : None Exhibits Marked A. Prosecution:
Exhibit No.Description
Ex.P1Report
Ex.P2Birth Certificate of victim
Ex.P3Original FIR
POCSO Court, VSP 31 S.C.No.31/2023
Ex.P4Signature of PW6 on scene observation report
Ex.P5Medicolegal examination report along with RFSL
Ex.P6Scene observation report
Ex.P7Rough sketch
Ex.P8Study certificate of victim
Ex.P9 FSL report
Ex.P10Potency certificate of accused
B. Defence: Nil
C.Court Exhibits : Nil
D.Material Objects: MO1 Clothes of victim MO2 Intex Android Phone
Sd/- (P.MANGA KUMARI)
Special Judge for trial of the Offences
under POCSO Act,
Visakhapatnam
POCSO Court, VSP 32 S.C.No.31/2023
C A L E N D A R
IN THE COURT OF SPECIAL JUDGE FOR TRIAL OF THE OFFENCES
UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT AT VISAKHAPATNAM
Present: Smt P.MANGA KUMARI,
Special Judge for trial of the Offences under POCSO Act ,
Visakhapatnam.
Friday , the 15 th day of May, 2026
Sessions Case No.31/2023
in Cr.No.228/2022 of M V P Police Station
1The serial number of the case: SC.No.31/2023 2Name of the Police Station & : State represented by the Assistant Commissioner of Police, Dwaraka Sub Crime No., of offence Division, Visakhapatnam city.
3Description of the accusedChintada Naveen Kumar, S/o.late Anand, aged 24 years, Caste by SC, R/o.near Bhoolokamatha Temple, Venkojipalem, Visakhapatnam city.
4Date of occurrence: 07.04.2022 5Date of Apprehension: 23.04.2022 6Date of Commencement of trial: 10.04.2026 7Date of closure of Trial: 22.04.2026 8Date of Judgment: 15.05.2026
POCSO Court, VSP 33 S.C.No.31/2023 9Whether the accused are on : Accused is on bail.
bail/in Jail 10 Plea of the accused and his: Accused pleaded not guilty examination if any:
11 Finding of the Court: In the result, accused is found guilty for the charges Under sections 5(l) r/w 6 of POCSO Act 2012 and under section 451, 506 of IPC and he is convicted under section 235(2) of
Cr.P.C., for the said charges. MO1 & 2 shall be destroyed after expiry of appeal time.
Explanation for the delay, if any, in the Sessions Court: This court on perusing the record taken cognizance u/s.451, 376, 506 of IPC and u/s.5(l) r/w 6 of POCSO Act against accused and registered the same as SC No.31/2023 and issued summons to accused for his appearance before this court.
The prosecution examined Pws 1 to 8 and Exs.P1 to P10 amd
Mos 1 & 2 were marked.
On 10.04.2026 PW1 and PW2 were examined and Exs.P1 and
P2 were marked. On 13.04.2026 PW3 and PW4 were examined. On 16.04.2026 PW5 was examined and Ex.P3 was marked. On 20.04.2026 PW6 was examined and Ex.P4 and Mos 1 & 2 were
POCSO Court, VSP 34 S.C.No.31/2023 marked. On 21.04.2026 PW7 was examined & PW8 was examined on 22.04.2026. Exs.P6 to P10 were marked. Prosecution evidence closed on 22.04.2026 and On 27.04.2026 Accused was examined under section 313 Cr.P.C by explaining the incriminating material available against him in Telugu having understood he reported he has no defence. Heard arguments on both sides, On 07.05.2026 written arguments filed by the Special Public Prosecutor and matter posted for Judgment posted to 15.05.2026.
Sentence of Judgment: On 15.05.2026 judgment pronounced (vide separate judgment).
In the result, accused is found guilty for the charges Under sections 5(l) r/w 6 of POCSO Act 2012 and under section 451, 506 of IPC and he is convicted under section 235(2) of Cr.P.C., for the said charges. MO1 & 2 shall be destroyed after expiry of appeal time.
This court when questioned the accused about the quantum of sentence to be imposed on him, accused submitted that “ I am from poor family. I am having two unmarried sisters and my father expired twenty years ago. My mother is HIV patient. I am the sole earning member to my family. Hence prayed to take a lenient view.
This court having considered all the facts and circumstances and the nature of allegations made against him, no lenient view can be given in view of the nature of the offence and punishment to be imposed as per the act.
POCSO Court, VSP 35 S.C.No.31/2023
Hence, this court opines that accused do not deserve any lenient consideration/punishment.
Hence, this court hereby sentences the accused to undergo Rigorous
imprisonment for a period of 20 years and also to pay a fine of
Rs.20,000/-(Rupees Twenty Thousand only) for the offence punishable under section 5(l) r/w 6 of the Protection of Children from Sexual
Offences Act 2012 in default of payment of fine he shall undergo simple imprisonment for a period of Two months. The accused is further sentenced to undergo simple imprisonment for a period of one year for the offence punishable under section 506 of the Indian Penal Code. The accused is further sentenced to undergo simple imprisonment for a
period of One year and also to pay a fine of Rs.500/- (Rupees Five
Hundred only) for the offence punishable under section 451 of the Indian
Penal Code in default of payment of fine he shall undergo simple imprisonment for a period of ten days. All the sentences shall run concurrently.
Out of the total fine amount of Rs.20,500/- an amount of Rs.20,000/- (Rupees Twenty Thousand only) shall be given to the victim towards compensation u/s.357(1) of Cr.P.C and Rs.500/- (Rupees Five Hundred only ) fine shall be confiscated to State.
POCSO Court, VSP 36 S.C.No.31/2023
The accused is informed about his right of appeal before the
Hon'ble High Court of Andhra Pradesh at Amaravathi and he is further
informed that he is entitled to get free legal-aid for preferring appeal against the judgment of this Court through District Legal Services Authority,
Visakhapatnam. The office is directed to furnish free copy of judgment to the accused today itself.
The accused is entitled for benefit of set off under section 428 of Cr.P.C
The period of detention of accused in the judicial custody from 23.04.2022 to 18.07.2022 ( 86 days) shall be given set off.
Sd/-XXXXXX
Special Judge for trial of the Offences
under POCSO Act, Visakhapatnam Copies to:
1. The Registrar (Judl.,)High Court of A.P.,Amaravathi.(through CD)
2. The Special Public prosecutor (POCSO cases) Visakhapatnam.
3. The District Legal Services Authority, Visakhapatnam
4. The accused (free copy)
5. The District Collector, Visakhapatnam