Page 1 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
IN THE COURT OF THE SPECIAL SESSIONS JUDGE FOR EXPEDITIOUS TRIAL AND
DISPOSAL OF RAPE AND PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES(POCSO) ACT CASES: BHUVANAGIRI
Present :-Smt. P. Mukthida, I Addl.Sessions Judge, Bhuvanagiri, FAC Spl.SSJ for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Bhuvanagiri
Dated this the 27th day of October, 2025
SC.(POCSO) NO.01 OF 2022
(Cr.No.393/2020 of P.S. Bhuvanagiri Rural)
Name and description of The Circle-Inspector of Police, P.S. Bhuvanagiri the complainant:Rural.
Name and description of Pallapu Mahender, S/o: Yellaiah, age: 23 yrs., Occ: the accused:Driver, R/o: Kesaram village of Bhongir Mandal, Yadadri-Bhuvanagiri District. Offence charged:Sections 366, 343, 376 (3) and 506 IPC., Section-3 read with section-4 of Protection of Children from Sexual Offences Act, 2012. Plea of the accused:Pleaded not guilty.
Finding of the Court:Found not guilty
Sentence or Order :In the result, the accused is found not guilty for the charges punishable Sections 366, 343, 376(3), 506 of IPC, and Section 3 r/w 4 of POCSO Act, 2012 and he is acquitted under section 235(1) of Cr.P.C., for the above said charges. The bonds and bail bonds of accused shall remain in force till expiry of appeal time as provided U/Sec. 437 A, Cr.P.C.Interim custody of M.O.4 ie., Toyota Innova car bearing No. AP 21 L 3399 given to its owner shall be made absolute, and MO1 and 2 shall be destroyed after expiry of appeal time. M.O.3 and 5 shall be returned to its original owner on proper identification and acknowledgment after expiry of appeal time.
This Sessions Case is coming before me for final hearing and disposal in the presence of Special Public Prosecutor for the State and Sri M. Venkateshwarlu, Advocate for the Accused and after hearing the arguments of both sides and after
Page 2 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri having stood over for consideration till this day, the Court made the following:
: : JUDGMENT : :
1.The State represented by the Circle-Inspector of Police, Bhuvanagiri Rural filed charge sheet against the accused for the offences punishable under Sections 366, 343, 376 (3) and 506 IPC, Sections 3 r/w 4 of the Protection of Children from
Sexual Offences Act, 2012 (in short, POCSO Act, 2012).
2.The case of the prosecution, in brief, is that:
(i)A report was received by PW11, Circle-Inspector of Police, Bhuvanagiri Rural at 18.15 hours on 25.12.2020 from LW1/ YYYYY wherein he stated that he has two children, one daughter and one son, his daughter XXXXX, aged 14 yrs, was studying 8th class in Vidyajyothi school, Raigiri village, that on 24.12. 2020 at about 09.00 hours he went to Kunoor village and his wife/PW1 went to attend coolie works and in their absence, his daughter left home at about 5.00 pm without informing to anybody and since then he searched for his daughter in their relatives’ houses but her whereabouts are not known, and expressed suspicion over the accused that he might have taken away his daughter somewhere. Hence, he requested to take action against the accused.
(ii)Basing on contents of the above complaint, LW-17/ K.Saidulu, SI of Police,
Bhongir Rural registered a case in Cr.No. 393/2020 under Section 366 IPC and took up the investigation. He has examined the complainant/LW1 and recorded his statement and further visited Kesaram village and caused detailed inquiry and examined PW1 and recorded her statement and he found that the accused was
Page 3 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri also missing from the village. As such, LW-17 deputed special teams to search and trace out the victim girl.
(iii)While the efforts were in progress, the parents of victim girl came to the
Police station along with the victim on 27-12-2020 at 11:00 hours and produced her
before LW-17. Then LW-17 perused copy of Date of Birth Certificate of the victim
produced by her parents and found that her date of birth of the victim is 26-03- 2007 which proved that she was a minor. On the request of LW-17, LW-16/
G.Manasa, WSI, Choutuppal PS visited the victim's house and examined her and recorded her detailed statement wherein the victim disclosed that since one year she got acquaintance with the accused who belonged to the same village and six months prior to the incident, he informed her that he was in love with her and he frequently talked with her over his cell bearing No.7670839694 to her mother’s cell No. 9573120152, that he put pressure on her to love him and that he intended to marry her, that she believed his deceitful words and started conversation with him and that he provoked her through phone call in the morning of 24.12.2020 that he would marry her and asked her to come out of her house and that they would go somewhere and live together, that accordingly, he came to the house of victim along with his Innova car on 24.12.2020 at about 17.30 hours and forcibly took her to Bhongir bus stand and from there to L.B.Nagar Hyderabad by bus and that he forcibly had sexual intercourse with her in a Lodge room near to Kamineni
Hospital and later, on 26-12-2020, he took her to Vizag by bus and when she requested him to take her to home and as his brother-in-Law also made a call to the accused asking him to return home, he brought her back to Hyderabad on 27- 12-2020 by bus and left her at Bhongir bus stand in the afternoon at 13.00 hours
Page 4 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri and escaped and that she went to her village by auto and later she came to know that her parents have given petition in PS Bhongir Rural about her kidnap.
(iv)Basing on the statement of the victim, LW-17 added sections 376 (3), 506
IPC and Section 3 r/w 4 of the POCSO Act, 2012 to the existing section of law 366
IPC and filed before the Court and submitted copies to all concerned apart from informing the facts to PW-11/V. Janaiah, Circle-Inspector of Police, Bhongir Rural who in turn rushed to the PS and took up further investigation of the case as it is grave in nature. PW-11 referred the victim/PW2 to District Headquarters Hospital,
Bhongir for medical examination, where PW6 preserved her vaginal swabs for expert analysis at FSL, Hyderabad. PW6 also preserved the wearing apparel of the victim, ie. light pink color top having square checks, maroon color Legging, white color petty coat, and ash color underwear. As PW2 voluntarily gave consent to stay along with her parents, PW-11 handed over her to LW1 and PW1 under proper acknowledgment and he re-examined the parents of victim and re-recorded their statements .
(v)While the efforts were in progress, the special team headed by LW-17 searched for the accused and apprehended him at Raigiri village outskirts on 01- 01-2021 at 07:00 hours, brought him to the PS and produced him before PW-11. On interrogation, the accused admitted his guilt and so PW-11 secured the presence of two mediators PWs 9 and 10 and recorded the confession of the accused under a panchanama. In pursuance his confession, PW-11 along with the panch witnesses accompanied by the accused visited the scene of crime at room No.205 of Maruthi
Residency-Inn Lodge cum Hotel at located at Mansurabad X road, LB. Nagar near to
Kamineni Hospital and examined it and seized extract of the Occupancy Register
Page 5 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri wherein the names of the accused and victim were entered on the day they boarded into the lodge. PW-11 recorded the details of the scene in the same confession panchanama in the presence of same mediators PWs-9 and 10 drafted its rough sketch map. PW-11 further seized the clothes of the accused, viz, black color jeans pant, light blue color cotton shirt, cotton banian having red, white and yellow images and ash color underwear, a Vivo smart phone and net cash of
Rs.14,600/- under cover of the same panchanama. Then the accused lead the police to Hanmanwada, Bhongir Town where PW-11 seized Toyota Innova car bearing No.
AP 21 L 3399 from in front of the house of PW4 under cover of same panchanama.
PW-11 has examined PW3, LW5/Gujjala SHankar, PW4 and PW5 and recorded their statements in detail and brought the accused to Bhongir Rural Police station at 11.00 hours, explained the grounds of arrest and affected his arrest and produced him before the Medical officer, Govt. Hqrs Hospital, Bhongir, where PW7 conducted potency test of the accused and issued report opining that there was nothing to suggest that he was not capable of performing sexual acts. Later, PW- 11 produced the accused before the Court for judicial remand and sent the seized material objects to FSL, Hyderabad for expert analysis. FSL report was received vide File No. SER/60/2021, Dt: 04.06.2021, in which the expert opined that human semen and spermatozoa were detected on item Nos.1, 2 and 9 but semen and spermatozoa were not detected on item No. 3 to 8, 10, 11 & 12, that blood was not detected on item Nos. 3 to 12 and foreign hair was not found in item No.3 and foreign material was not detected on item no.4. As per the instructions of FSL authorities, PW-11 produced the accused before FSL for DNA Comparison through
Court Order. After comparison, FSL issued report opining that the seminal stains
Page 6 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri on the source of item nos. 2 and 3 matched with the DNA profile of the accused and conclusively proved that they are of same biological origin.
(vi)Basing on FSL report, PW6 furnished her final opinion stating that sexual assault happened. On the requisition filed by PW-11, LW-13/ the then Additional
Judicial Magistrate of First Class, Ramannapet has recorded the statement of
victim girl under Section 164 Cr.P.C. Subsequently, LW-19/T. Venugopal, Circle-
Inspector of Police, Bhongir took up the investigation and he collected Bonafide certificate of the victim from PW-8/Principal, Vidyajyothi school, Raigiri village and examined PW-8 and recorded his statement. On the requisition filed by
Investigating Officer, the Nodal officer, Reliance Jio (LW-14) submitted CAF of accused mobile with 65-B certificate and the Nodal officer, Airtel (LW-15) submitted CAF of victim mobile with 65-B certificate, as per Indian evidence Act, 1872. On perusal of the CAFs and CDRs, it was found that the accused and the victim talked through the above numbers frequently and that between 24.12.2021 at 21.44 hours and 25.12.2021 at 19.04 hours, the location of the accused was found at near Kamineni Hospital, LB Nagar, Hyderabad and on 26.12.2021 between 10.03 hours and 11.32 hours, his location was found at Jagadamba Centre, Vizag, and thus, his location details matched with the statement of victim. After completing investigation, LW19/Circle-Inspector of Police filed charge sheet against the accused.
3. This case was taken on file by this Court for the offences punishable under
Sections 366, 343, 376(3) and 506 IPC, Sections 3 r/w 4 of the POCSO Act, 2012.
On appearance of the accused before this Court, copies of all documents were furnished to him under Section 207 of Cr.P.C. and charges were framed U/Sec. 228
Page 7 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
Cr.P.C. for the offences under Sections 366, 343, 376(3) and 506 IPC, Sections 3 r/w 4 of POCSO Act, 2012 against him, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.
4.To bring home the guilt of the accused, the prosecution has examined PWs 1 to 11 and got marked Ex.P1 to P21 and M.O.s 1 to 5. After closure of prosecution evidence, the accused was examined under sec.313 Cr.P.C. explaining the incriminating material against him in the prosecution evidence to which he denied and reported no defence evidence.
5.Heard on both sides. Perused the record. The learned counsel for the accused relied upon the judgments rendered by Hon’ble Supreme Court of India in the case of Akhtar Ali alias Akhtar alias Shamim alias Raja Vs. State of
Uttarakhand, (2025 SCC online SC 1949), Karandeep Sharma @ Razia @ Raju Vs.
State of Uttarakhand ((2025 Supreme(SC) 607)and also relied upon judgment rendered by Hon’ble Karnataka High Court in the case of and in the case of
Paramesha Vs. State of Karnataka ((2020) SC (Kar) 2326)
6.Now the points that arise for consideration are :-
(1) Whether the accused has kidnapped the victim, punishable
under Section 366 of IPC ?
(2) Whether the accused has confined the victim for more than
three days, punishable under Section 343 of IPC?
(3) Whether the accused has committed rape on the victim who is
under sixteen years age, punishable under section 376 (3) of IPC ?
(3) Whether the accused has threatened the victim, punishable
under section 506 of IPC?
Page 8 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
(4) Whether the accused has committed penetrative sexual
assault on a minor victim, punishable under section 3 r/w 4 of
POCSO Act, 2012?
(5) Whether the prosecution has proved the guilt of the accused
for the charges beyond all reasonable doubt?
POINTS No.1 TO 5 :-
7.To prove the guilt of the accused in the crime, the prosecution has examined
PWs1 to 11 and got marked Ex.P1 to P21 and M.O.s 1 to 5. PW1 is mother of the victim. PW2 is the victim. PWs3 to 5 are circumstantial witnesses. PW6 is the doctor who examined the victim. PW7 conducted potency test of the accused. PW8 has issued Bonafide certificate of the victim. PW9 and 10 panch witnesses for scene of offence panchanama and confession cum seizure panchanama of the accused.
PW11 is the Investigating Officer in the case.
8.As per the prosecution case, the accused had induced the victim with his deceitful words under the guise of love and took her away her from the lawful custody of her parents and later, he forcibly exploited her sexually. During her testimony before the Court, the victim/PW2 testified that her date of birth is 26.03.2006, that in the year 2020 while she was studying 9th class in Vidya Jyothi
High School at Raigir she used to go to school by bus, that she has no acquaintance with the accused, that no one proposed to her in the name of love and marriage and that none kidnapped her. She further testified that her statement was recorded by the Principal Judicial Magistrate of First Class, Ramannapet and that police took her to Area Hospital, Bhuvanagiri. She was declared hostile by the
Special Public Prosecutor and he cross-examined her but she denied his suggestions.
Page 9 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
9. The testimony of PW1/mother of the victim, is that her daughter did not disclose anything to her, that about three years ago while her daughter was studying 7th class in Vidya Jyothi High School, Raigir, she did returned home after completion of school hours and so her husband lodged complaint under girl missing but her daughter returned home on the next day and on enquiry she disclosed that she went to her mother’s village. She was also declared hostile by the Special Public Prosecutor and he cross-examined her but she denied his suggestions.
10.The testimony of PW3/ circumstantial witness and maternal uncle of the victim is that hedoes not know the facts of the case and that PWs 1 and 2 did not disclose about the accused. The testimony of PW4/circumstantial witness is that he never gave his Innova vehicle to anyone to transport. The testimony of PW5/ circumstantial witness is that he did not receive Innova vehicle from the accused and that he did not handover the Innova car to PW4. PWs 3 to 4 were declared hostile by the Special Public Prosecutor and he cross-examined them but they denied his suggestions.
11. The testimony of PW6 is that upon the requisition of PS Bhongir Rural, she has examined the victim and collected her smears and swabs and sent the same to
FSL on 27.12.2020 and that no semen and spermatozoa were detected and pubic hair not found as per FSL report/Ex.P7 and that she opined that sexual assault cannot be ruled out and issued medical certificate under Ex.P8. PW7 testified that on the requisition of PS, Bhongir Rural, he conducted potency test of the accused and issued report under Ex.P9.
Page 10 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
12.PW8 testified that he issued Bonafide certificate of the victim under Ex.P10 upon receiving requisition from PS Bhongir Rural and that as per their school records, the victim studied 1st to 8th class in their school for the academic years 2008-2009 to 2013 to 2021 and that her date of birth is 26.3.2007. PW9 and testified that about 3 years ago, the police called him to police station and obtained his signature on blank paper and that nothing was seized in his presence.
PW10 testified that about four years ago, the police Bhongir Rural summoned him to the out skirts of Kesaram village and took his signatures on some written papers and he was read over the contents therein but no panchanama was held in his presence and that he did not see the accused at any time. The Investigating
Officer/PW11 testified about his role and the investigation done by him and his colleagues in the case.
13.Having regard to the prosecution evidence detailed above, it is apparent that except PW6 to PW8 and PW11, none of the prosecution witnesses, including the victim, have supported the prosecution case. Though FSL report was positive that the DNA of the accused matched with the semen and spermatozoa detected on the smears and swabs collected from the victim and with the same found on the jeans pant of the accused, the evidence of PWs 9 and 10 coupled with the testimony of PW1 and victim/PW2 nullifies the seizure of M.O.1 and M.O.2, i.e., clothes of the victim and the accused and the commission of the act of sexual assault by the accused at the scene lodge.
14.The learned Special Public Prosecutor argued that scientific evidence appearing from FSL report and CDRs and CAFs establish the nexs between the accused and the victim and that they connect the presence of the accused with the
Page 11 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri victim/PW2 at the scene and hence, the accused is liable to be convicted irrespective of the hostile evidence of PWs 1 to 5 and PWs 9 and 10 since the correctness of the Bonafide certificate of the victim issued by PW8 is not disproved. In this regard, learned counsel for the accused has relied on the decision rendered by Hon’ble Supreme Court in the case of Akhtar Ali alias Akhtar alias
Shamim alias Raja Vs. State of Uttarakhand, (2025 SCC online SC 1949) wherein it was held : It is a well-established principle of criminal jurisprudence that a conviction may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy. In cases based purely on circumstantial evidence, it is imperative to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably to the accused person’s guilt. The chain of incriminating circumstances must be conclusive and should exclude any hypothesis other than the guilt of the accused. In other words, from the chain of incriminating circumstances, no reasonable doubt can be entertained about the accused person's innocence, demonstrating that it was the accused and none other who committed the offence. ...It must be borne in mind that the present case involves the imposition of the ultimate punishment of death. The law is well settled that in cases resting on circumstantial evidence, every link in the chain must be firmly and conclusively established, leaving no room for doubt. Where two views are possible, the one favourable to the accused must be adopted.
15.The learned counsel for the accused has further relied on the decision rendered by Hon’ble Supreme Court in the case of Karandeep Sharma @ Razia @
Raju Vs. State of Uttarakhand ((2025 Supreme(SC) 607)in which it was held :“In order to make the DNA report acceptable, reliable and admissible, the prosecution would first be required to prove the sanctity and chain of custody of the samples/articles right from the time of their preparation/ collection till the time they reached the FSL. For this purpose, the link evidence would have to be established by examining the concerned witness. Evidently, there is not even a semblance of evidence on record to satisfy the Court that the samples/articles collected from the dead body of the
Page 12 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri child-victim and those collected from the appellant which were later forwarded to the FSL were properly sealed or that the same remained in a self-same condition right from the time of the seizure till they reached the FSL. No witness from the FSL was examined by the prosecution to prove that the samples/articles were received in a sealed condition. Hence, there is every possibility of the samples being tampered/manipulated by the police officers so as to achieve a favourable result from the FSL, thereby, inculpating the appellant in the crime.”
The learned counsel for the accused has also relied upon judgment rendered by Hon’ble Karnataka High Court in the case of Paramesha Vs. State of Karnataka ((2020) SC (Kar) 2326) in which it was held that the entire process of procuring the
DNA evidence is controlled by human agencies i.e., Investigating Officer and the forensic scientist and there is ample chance of manipulation or tampering of such evidence by the Corrupt Officers or Scientist which needless to say highly prejudice the accused persons and even preservation method adopted are not properly brought on record and under such circumstances, the prosecution has to establish the corroboration of such evidence and its truth.
16.Applying the ratio in the aforesaid judgments to the case on hand, when the material witnesses have absolutely failed to support the prosecution case and when there is no hint of incriminating evidence against the accused for the offences alleged to have been committed by him, this Court finds that it is not permissible under the law to convict the accused solely relying on the evidence of
PW6 to PW8 and PW11. Hence, this Court holds that the prosecution could not prove the guilt of the accused for the charges framed against him for the offences under Sections 366, 343, 376(3), 506 of IPC, and Section 3 r/w 4 of POCSO Act, 2012 and that the accused is entitled for acquittal.
Page 13 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
In the result, the accused is found not guilty for the charges punishable
Sections 366, 343, 376(3), 506 of IPC, and Section 3 r/w 4 of POCSO Act, 2012 and he is acquitted under section 235(1) of Cr.P.C., for the above said charges. The bonds and bail bonds of accused shall remain in force till expiry of appeal time as provided U/Sec. 437 A, Cr. P.C. Interim custody of M.O.4 ie., Toyota Innova car bearing No. AP 21 L 3399 given to its owner shall be made absolute, and M.O.s 1 and 2 shall be destroyed after expiry of appeal time. M.O.s 3 and 5 shall be returned to its original owner on proper identification and acknowledgment after expiry of appeal time.
...Typed to dictation by Stenographer Grade-I, corrected and pronounced by me in the open Court on this the 27 th day of October, 2025.
I Additional Sessions Judge, Bhuvanagiri. FAC: Spl.Sessions Judge For Expeditious Trial & Disposal Of Rape And POCSO Act Cases, Bhuvanagiri.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION
PW-1 XXXXXComplainant and mother of victim girl PW-2 MMMMM victim. PW-3 Gujjala Mahendarcircumstantial witness and maternal uncle of victim. PW-4Pallepati VenkateshCircumstantial witness and given his Innova to the accused. PW-5Mohammad GouseCircumstantial witness and handed over Innova car to the LW6 PW-6Dr. ParijathaExamined the victim
Page 14 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
PW-7Dr. Uday KiranHeld potency test of the accused PW-8Madanu Bala PrasadIssued Bonafide certificate of the victim PW-9Pakeergalla YellaiahPanch for scene confession cum seizure of accused PW-10Cheedarakanti SwamyPanch for scene confession cum seizure of accused PW-11V. JanaiahInvestigating Officer.
ON BEHALF OF THE DEFENSE
Nil
EXHIBITS MARKED ON BEHALF OF THE PROSECUTION
Ex.P1: is the 161 Cr.P.C statement of PW1. Ex.P2: is the signature of PW2 on 164 Cr.P.C statement. Ex.P3: is the 161 Cr.P.C statement of PW2. Ex.P4: is the 161 Cr.P.C statement of PW3. Ex.P5: is the 161 Cr.P.C statement of PW4. Ex.P6: is the 161 Cr.P.C statement of PW5. Ex.P7: is the FSL report. Ex.P8: is the medical certificate. Ex.P9: is the potency test report. Ex.P10: is the Bonafide certificate. Ex.P11: is the signature of PW9 on confession cum seizure panchanama. Ex.P12: is the signature of PW10 on scene of offence cum confession and recovery panchanama. Ex.P13: is the complaint. Ex.P14: is the FIR. Ex.P15: is the 164 Cr.P.C statement of the victim Ex.P16: is the scene of offence, confession-cum- seizure panchanama of accused. Ex.P17: is FSL report as to DNA finger printing. Ex.P18: is log register of Maruthi residency Inn, dt: 23.4.2021. Ex.P19: is the CAF and CDR of mobile number 7670839694, dt: 26.3.2021 issued by LW14. Ex.P20: is the CDR and CAF of mobile number 9573120152 issued by LW15. Ex.P21: is the date of birth certificate of victim
EXHIBITS MARKED ON BEHALF OF DEFENSE
Nil
Page 15 of 15 SC(POCSO).NO.01 of 2022 POCSO court, Bhuvanagiri
MATERIAL OBJECTS MARKED
MO1: is the set of clothes of the victim MO2: is the set of clothes of accused. MO3: is the Vivo mobile of the accused. MO4: is the Toyota Innova car bearing No. AP 21 L 3399. MO5: is cash of Rs.14,600/-.
I Additional Sessions Judge, Bhuvanagiri. FAC: Spl.Sessions Judge For Expeditious Trial & Disposal Of Rape And POCSO Act Cases, Bhuvanagiri.