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IN THE COURT OF THE SPECIAL SESSIONS JUDGE FOR FAST
TRACT COURT FOR EXPEDICIOUS TRIAL OF CASES UNDER THE
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012,
AT HACA BHAVAN, HYDERABAD.
PRESENT : SMT.T.ANITHA,
XII ADDL.SESSIONS JUDGE,
FAC FAST TRACT SPECIAL COURT FOR EXPEDIOUS TRIAL
OF CASES UNDER THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES, AT HACA BHAVAN,
HYDERABAD.
Dated this the 25th day of September 2025
SESSIONS CASE PCS NO.146/2024
Crime Number and Police Crime No. 20/2024 of Police Station StationMangalhat, Hyderabad. Name and description of the Erakari Durga Shankar @ Tharun @ Durga accused personShankar S/o Erakari Satyanarayana, Aged 29 years, Occ: Gas Delivery Boy at H.P.Gas- S.K.Enterprises, Nampally Branch, Hyderabad. Presently residing at H.No.12-1-485/65,New Indira Nagar colony, Manghalhat, Hyderabad. Permanent R/oH.No.13-6-250/2, Haridas Nagar, Karwan, Golconda, Hyderabad. Name and description of the The State represented by Assistant complainantCommissioner of Police, Goshamahal Division, Hyderabad. Prosecution conducted bySri A.Rami Reddy, Public Prosecutor.
Defence conducted bySmt.Laxmi Raj, counsel for the accused.
Offences chargedU/sec.5(l) r/w.Sec.6 of POCSO Act 2012 and Sec.376(3), 376(2)(n), 354-C, 354-D and 506 of IPC and Sec.3(2) (v) of SCs & STs (POA) Act 2015.
Plea of the accusedPleaded not guilty.
Finding of the CourtFound guilty
RESULT In the result, the accused is found guilty for the offence punishable under sections 5(l) r/w.Sec.6 of POCSO Act 2012, Sec:376(3), 376(2)(n), 354-C, 354-D, 506 of IPC and Sec.3(2)(v) of SCs & STs (POA) Act and accordingly he is convicted under section 235(2) of Cr.P.C. for the said offences.
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(a).The accused sentenced to undergo rigorous imprisonment for Life, which shall mean imprisonment for the remainder of natural life of accused and to pay a fine of Rs.10,000/- (Rupees Ten thousand only), in default, to undergo simple imprisonment for Six months for the offence under Section 5 (l) read with Section 6 of the POCSO Act.In view of Section 42 of the POCSO Act, no separate sentence is being imposed against the accused for the offence under Section 376 (n), 376(3) of the Indian Penal Code.
(b).The accused is further convicted for the offences under Section U/sec. 354-C of IPC and sentenced to undergo rigorous imprisonment for Three (3) years and to pay a fine of Rs.5,000/- (Rupees Five thousand only), in default, to undergo simple imprisonment for Three(3) months for the offence under Section 354-C of IPC.
(c). The accused is further convicted for the offences under Section U/sec. 354-D of IPC and sentenced to undergo rigorous imprisonment for Three (3) years and to pay a fine of Rs.5,000/- (Rupees Five thousand only), in default, to undergo simple imprisonment for Three(3) months for the offence under Section 354-D of IPC.
(d).The accused is further convicted for the offences under Section U/sec. 506 of IPC and sentenced to undergo rigorous imprisonment for Two (2) years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default, to undergo simple imprisonment for Three (3) months for the offence under Section 506 of IPC.
(e).The accused is further convicted for the offences under Section 3(2)(v) of SCs & STs (POA) Act and sentenced to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only), in default, to undergo simple imprisonment for Six (6) months for the offence under Section 3(2)(v) of SCs & STs (POA) Act. All counts of imprisonments from (a) to
(e) shall run concurrently.
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The case property Mo-1 shall be confiscated to State after expiry of appeal time. MO-2 shall be kept in file (photos and Videos).
41. The victim was aged about 14 years at the time of incident. Having regard to the financial condition and social status of the victim girl/Pw-2, this court considers it appropriate to recommend awarding an amount of Rs.2,00,000/- (Rupes Two Lakhs Only) to the victim girl, as final compensation, which would help her to meet her immediate needs and education. So, Rs.2,00,000/- is decided as compensation amount. Therefore, the secretary, DLSA is hereby directed to take steps to pay the said compensation amount of Rs.2,00,000/- (Rupees Two Lakhs Only) to the victim girl at the earliest.
The remand period undergone by the accused shall be given set off U/sec.428 of Cr.P.C against the substantial sentences of imprisonments imposed against him.
A copy of the judgment is furnished to the each accused at free of cost u/s.363 Cr.P.C by intimating him about his right to prefer an appeal against the present judgment and right to get free legal aid
:: JUDGMENT:
1. The Assistant Commissioner of Police, Goshamahal Division, Hyder- abad has filed the charge sheet against the accused in Crime No.120/2024 for the offences U/Sec.376(3), 376(2)(n), 354-C, 354-D and 506 of Indian Penal Code, 1860 and Sec.5(l) r/w.Sec.6 of Protection of Children from Sexual Offences Act, 2012 and Sec.3(2)(v) of SC& ST (POA) Act 2015 of PS.Mangalhat.
2. The Indian Penal Code, 1860 is hereinafter referred as IPC, The
Protection of Children from Sexual Offences Act, 2012 is hereinafter referred as
POCSO Act, 2012 and Scheduled Casts and Scheduled Tribes (POA) Act 2015 is hereinafter referred as SC & ST (POA) Act 2015 for brevity.
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3.Brief averrments of the charge sheet are that:
On 15-03-2024 at 22:30 hours police Mangalhat PS received the complaint from Pw-1/father of victim girl. In which he stated that since last few days his younger daughter was found in depression. On 15-03-2024 at about 7.30 PM he returned to his house and he along with his wife strictly questioned his younger daughter about the reasons of her depression. Then his victim daughter revealed that one of their locality person by name Durga Shankar@
Tharun, caste: BC- Mudhiraj who is accused has been following her since last one year and talking with her. In the month of July 2023 the accused took his daughter to one room (OYO lodge) situated after crossing Chilkur area and there the accused forcefully committed rape on her. He also took her nude pictures in his cell phone. After that he continued to follow the victim girl at her school and other places and used to talk with her. Recently, the wife of accused found him talking with his daughter and since then she was questioning her due to which his daughter fell in depression. On hearing the same they got shocked and discussed with their family members. Later on 15-03-2024 they came to police station and lodged the complaint. Hence, he requested to take necessary action.
(a)Basing on the above complaint, Pw-14/Woman Sub-Inspector of police of
PS.Mangalhat registered a case in Crime No.120/2024 for the offence punishable U/Sec.376(3) 354-C, 354-D of Indian Penal Code, 1860 and Sec.3 r/w. Sec.4 of Protection of Children from Sexual Offences Act, 2012 and
Sec.3(2)(v) of SC& ST (POA) Act 2015 and issued First Information Report and handed over the case file to Pw-15/Inspector of police for investigation.
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(b) Pw-15/Inspector of police received the case file on 15-03-2024 from
PW14 for investigation. During the course of investigation he gave a requisition to Bharosa center for recording the statement of victim girl. Accordingly her statement was recorded by PW12. He also gave a requisition to Bharosa unit for conducting medical examination. Accordingly PW10 conducted medical examination of victim girl and issued the medical certificate. Basing on the requisition of Pw-15, the statement of victim u/s 164 Cr.P.C was recorded by
LW17/VII Metropolitan Magistrate, Hyderabad.Due to the gravity of the offence and under the provision of SC/ST (POA) rules 1995 he handed over the case file to Pw-16/Asst. Commissioner of Police for further investigation.
(c )On 16-03-2024 Pw-16/Assistant Commissioner of police perused the provisions of the SC & ST (POA) Act and he informed to his higher authorities and in turn he was appointed as an investigation officer in this case. During the course of investigation Pw-16/Assistant Commissioner of police collected the video recording statement of victim girl from Lw-11/WPC 31052. As per the statement of victim girl it clearly established that the accused repeatedly com- mitted sexual intercourse on victim girl, as such Pw-16/Assistant Commissioner of police altered and added the section of law from Sec.376(3), 354-C, 354-D
IPC and Sec.3 r/w.Sec.4 of POCSO Act, Sec.3(2)(v) of SC/ST (POA) Act 2015 to Sec.376(3), 376(2)(n),354-C, 354-D, 506 IPC and Sec.5(l) r/w Sec.6 of
POCSO Act 2012 and Sec.3(2)(v) of SC/ST (POA) Act 2015 and filed Section of law alteration & addition Memo before the Hon’ble court for information.
(d) Pw-16/Assistant Commissioner of police collected Medical Examination
Report from Pw-10/Medical Officer who conducted the Medical examination on
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victim girl/Pw-2 and opined that “ on examination no injuries found on body and internegenitalila, Hymen not intact. Samples not collected as incident happened in July 2023. As hymen not intact there my be possibility of sexual assault can- not be ruled out.”
(e)On 16-03-2024 Pw-16/Assistant Commissioner of police addressed a letter to Pw9/Head Master, GBHS, Goshcut School, Seetharambagh, Hyderabad to furnish the Bonafide certificate of victim girl. Accordingly, Pw-9 Head Master, furnished Bonafide certificate of victim girl, wherein it mentioned that the date of birth of victim girl is 03-07-2009 and she is student of VIII class.
(f)On 16-03-2024 Pw-16/Assistant Commissioner of police addressed a letter to Pw-8/Tahildar of Asifnagar Tahasil to verify the caste verification particulars of victim father/Pw-1and victim girl/Pw-2a and accused. Accordingly on 19-03- 2024 vide Lr.No.AC/4510/CV/2023 Pw-8/Tahsildar, furnished her report stating that Pw-1 and Pw-2 belongs to SC-Madiga community and the accused is belongs to BC-D (Mudiraj) community. On18-03-2024 Pw-16/Assistant Com- missioner of police examined the complainant/Pw-1 and mother of victim girl/
Lw-2 and recorded their statements under the videography with the help of Pw- 6/PC 9285 of Ghoshamahal Division, Hyderabad.
(g) Pw-16/Assistant Commissioner of police examined and recorded the statement of PW1 and mother of victim girl LW2/ under cover of videography with the help of PW6. On 21-03-2024 Pw-16/Assistant Commissioner of police along with PW15 rushed to the house of accused and apprehended the accused.
On their enquiry he disclosed his name and particulars and they brought him to
ACP office. Pw16 secured the presence of PW7 and PW11 and in their presence
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he interrogated the accused and recorded the confessional statement of the accused and he produced his cell phone. Pw-16 with the help of LW11/ WPC- 31052 of PS Mangalhat the photos copied from cell phone into CD and also seized mobile phone. The accused further confessed that he will show the scene of offence at High Rise Hotel located at Himmath Nagar beside lotus temple
Moinabad RR Dist. After recording the confessional statement and seizure of property and in pursuant to the confessional statement the accused led them and panchas to High Rise Hotel located at Himmath Nagar beside lotus temple
Moinabad RR Dist, there Pw-16 examined PW3/Manager of High Rise hotel and recorded his statement under the videography with the help of PW6 and also seized the register and guest registration card. The accused shown the room No.
110 and 103 where he committed the offence with the victim girl. Pw-16 conducted the scene of offence observation panchanama and also drawn rough sketch in the presence of PW7 and PW11. He effected the arrest of the accused and produced him before the court for judicial custody.
(h)On 22-03-2024 Pw-16/Assistant Commissioner of police obtained the police custody of accused as per the orders of the Hon’ble court and send him to
Osmaina medical college for conducting potency test. Accordingly PW13 conducted potency test to the accused and issued potency report. After completion of police custody the accused reproduced before concerned court.
On 06-04-2024 Pw-16 examined and recorded the statements of PW4, PW5 and
LW7/Smt Rekha under videography with the help of PW6. He also examined and recorded the statement of PW6 and also collected section 65-B Indian
Evidence Act certificate. On collection of all the relevant documents and on completion of investigation he filed charge sheet against the accused.
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4. Cognizance of the case was taken against the accused for the offences
U/sec.5(l) r/w.Sec.6 of POCSO Act 2012 and Sec.376(3), 376(2)(n), 354-C, 354-
D and 506 of IPC and Sec.3(2) (v) of SCs & STs (POA) Act 2015 by the
Hon’ble XII Additional Sessions Judge, Hyderabad and case file was made over
to this court.
5.On appearance of the accused, this court furnished the copies of documents to the accused as per the provision U/Sec.207 of Cr.P.C.
6.Upon consideration of material available on record and on hearing of both sides, charges U/sec.5(l) r/w.Sec.6 of POCSO Act 2012 and Sec.376(3), 376(2)
(n), 354-C, 354-D and 506 of IPC and Sec.3(2) (v) of SCs & STs (POA) Act 2015 were framed against the accused, read over the charges and explained to him. Accused denied the charges, pleaded not guilty and claimed to be tried.
7.During the course of trial, on behalf of he prosecution Pw-1 to Pw-16 were examined and Exhibit P-1 to P13 were got marked.
8. After closure of prosecution evidence, the accused was examined under
Section 313 Cr.P.C by explaining the incriminating circumstances appeared against him in the evidence of prosecution witnesses. For which the accused denied the same and reported as no defence evidence.
9. Heard arguments on both sides and perused the material available on record.
10.Now the points for determination is:- (1) “Whether the victim girl was a child as on the date of commission of offence as defined U/sec.2(1) (d) of the Act?
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(2) :“Whether the prosecution is able to prove the guilt of accused for the offence punishable U/sec.5(l) r/w.Sec.6 of POCSO Act 2012 and Sec.376(3), 376(2)(n), 354-C, 354-D, 506 of IPC? and (3) “Whether the prosecution is able to prove the guilt of accused for the offence punishable U/sec.3(2) (v) of SCs & STs (POA) Act 2015.?
(4) To what relief?
11.POINT NO.1:“Whether the victim girl was a child as on the date of commission of offence as defined U/sec.2(1)(d) of the Act?
Sec:2(1) (d) says that the child means a person below the age of 18 years.
In this case to establish the age of the victim girl, the prosecution relied on the evidence of Pw-9 and E.P-9. Pw-9 is the incharge Head Master of Govt Boys high Schooo, Ghoshact, Seetharam Bagh, Hyderabad. According to him they received the requistion from PS.Mangalhat on 16-03-2024 for issuance of bonafide certificate of the victim girl. He verified the admission register and other records of the vicitm girl and at that time the victim girl was studying VIII class in their school during the Academic Year 2023-2024. The date of birth of the vicitm girl is on 03-07-2009. Ex.P-9 bonafide certificate reflects taht the date of birth of victim girl is 03-07-2009. In the cross-examination Pw-9 denied that their school admission register do not contain the date of birth of victim girl.
He denied that basing on oral testimoney of parents they entered the date of birth of victim girl in records. He stated that he has not handed over the birth certificate of victim girl to police which was submitted by parents at the time of admission. From the above cross-examination it is clear that basing on the birth certificate of victim girll, the date of birth was entered in school records. Pw-9 is the independent person and not related to the case. There was no need for him to give false certificate and false statement before the court. Unless the date of
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bith was entered inthe admission register, the school auhorites will not suppose to issue bonafide certificate. Since there was no suspicious circumstances elecited with regard to the date of bith entries in school record and issuance of
Ex.P-9, this court felt that we can place reliance on the evidence of Pw-9 and
Ex.P-9.
As per Ex.P-9 the date of birth of victim girl is 03-07-2009. Ex.P-12 First information Report refelects that the information about the commission of offence was received on 15-03-2024. As per the statement of victimgirl in the month of July 2023 she was subjected to sexual assault in the hands of accused.
So, as on the date of registration of crime, the victig girl was aged about 14 years 9 months. Whereas, the victim girl was aged about 14 years as onthe date of first sexual assault meted out by her in the hands of accused. As such, the victim girl was a child below age of 18 years as on the date of offence and as on the date of registration of the case. Accordingly the point is answered.
12. POINT NO.2 : “Whether the prosecution is able to prove the guilt of
accused for the offence punishable U/sec.5(l) r/w.Sec.6 of POCSO Act 2012
and Sec.376(3), 376(2)(n), 354-C, 354-D and 506 of IPC?
13. Pw-1 father of victim girl testified that the victim girl is his second child.
The accused is resident of their locality and he is a friend of him. As per Pw-1 while the victim girl was studying VII class in GBHS Gosgut School, the wife of accused came to his house and informed him that his daughter was frequently talking with the accused. Then he and his wife warned the victim girl and accused not to talk with each other. On 15-03-2024 he noticed that the victim girl was in depression and asked his wife to inquiry with his daughter. His wife
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inquired and the victim girl informed to her that she was taken by the accused forcibly to a room at Moinabad and forcibly committed rape against her inspite of her resistance and had taken nude photographs of her. He threatened the victim girl that he will circulate the nude photographs to his friends in the locality and further threatened her not to inform about the incident to anyone.
The accused also threatened that he will kill Pw-1 and his wife, if she disclose the incident to any one. Then Pw-1 and his wife went to the police station and lodged complaint. Through Pw-1, complaint was marked as Ex.P-1.
In the cross-examination Pw-1 denied that he used to borrow the amount from the accused and used to lent amount to accused. He denied that he has taken Rs.1,00,000/- from the accused and executed bond paper. The above suggestion clearly shows that the was cordial relationships in between the accused and Pw-1. Further there was a bond paper executed by Pw1 in favour of accused for an amount of Rs.1,00,000/-.
14. Pw-2/Victim girl evidence shows that the accused is friend of her father and she and her brother and sister used to call the accused as Anna. The accused used to give chocolates and talk with her nicely. On one occasion the accused sent a message on Instagram that he was in love with her and at that time she do not know what was love and she accepted. On one day in the month of July 2023 when she was going to the house of her friend, the accused followed her and asked her to come with him but she refused. The accused threatened her that he will kill her sister and forcibly took her into a room situated with a distance far away to Lotus temple by threatening her that he will kill her sister and father if she do not heed him and forcibly removed her clothes and committed rape on
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her for two or three times. The accused took her nude photos on his cell phone inspite of her warning not to take photos. The accused also shown the porn videos of other to her which the accused did with her. The accused brought her to the house and dropped her and threatened not to inform about the incident to anyone, otherwise he will kill her sister and father. Thereafter she stopped talking with the accused treating him as a bad person. The accused threatened her that he will upload the photos in social media. Even then she did not talk with the accused. The accused used to follow her while she was going to school. In the month of November 2023 on one day while she was returning to her house from school, the accused tried to catch hold her hand. One of her neighbor saw the incident and warned the accused. In the month of December 2023 on one day when they were going to Mount Opera from school, the accused followed their school bus till Mount Opera. The accused started to talk with her friends. The parents of her friends came to her house and asked her and she told them that she stopped talking with the accused. Her mother enquired with her she narrated all the incident to her mother. On that her father lodged complaint.
In the cross-examination it was suggested and denied by Pw-2 that the accused never committed any offence against her and she was deposing false.
Except giving the above suggestion no question was put forth to the victim girl.
There was no circumstance placed before the court to come to the conclusion that the victim girl was giving false statement before the court. So, the cross- examination of Pw2 is not revealing any suspicious circumstances to disbelieve her evidence.
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15.Pw-3/ Manager in hotel high rise. According to him Assistant
Commissioner of Police along with his staff and two civilians and with the custody of one person came to their hotel on 21-03-2024. The said person was the accused. The Assistant Commissioner of Police informed that the said person along with minor girl came to hotel and committed sexual assault on the victim girl in their hotel. He verified the records of the hotel and found that one Durga
Shankar booked a room on 01-06-2023 and the Room number was 110. Further booked Room number 102 on 06-11-2023. The Assistant Commissioner of
Police collected the records of one register and guest register card/application form from him. Through Pw-3, the customer register, customer application form were marked as Exs.P-2 and P3.
In the cross-examination Pw-3 admitted that he has not stated about the physical features of the girl who accompanied the accused. Pw-3 evidence reflects that through Asst.Commissioner of Police he came to know that the accused brought one girl. His evidence is not revealing that the said girl who brought by accused was the victim girl. As per Ex.P-2 entry register one Durga
Shankar has taken a room on 01-06-2023. Ex.P-2 customer application form reflects that the hotel used date was on 06-11-2023. It shown that two guest were there in the hotel and one is Durga Shankar and another one is Bhavani.
The victim girl name is not Bhavani. So, basing on the Exs.P-2 and P3 and from the evidence of Pw-2 we cannot come to occlusion that the girl who came along with the accused on that day was the victim girl.
16.Pw-4 who is neighbour of Pw-1 stated that at about 8 years back the accused followed one Vijaya and tried to cheat her. Due to the intervention of
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their elders he married the said Vijaya and blessed with two children. Thereafter, he followed another lady and a crime was registered at PS Langer House. The accused followed PW2 and took her to a hotel room in Moinabad and committed sexual intercourse with her. The accused also took the nude photos of the victim girl/PW2 and same were noticed by his wife Vijaya in his cell phone. Then he along with PW1 and PW2 went to PS Mangalhat and Pw-1 lodged complaint.
He came to know that the accused was following the daughter of LW6/K.
Saritha and LW7/Rekha.
In the cross-examination Pw-4 stated that he did not see personally that the accused had taken the victim girl along with him to the hotel. From the above statement it is clear that the evidence of Pw-4 is hearsay in nature.
17. Pw-5 testified that her daughter and victim girl/PW2 were studying in the same school and in the same class and both of them are friends. She came to know that the accused following the victim girl/PW2 while she was going to school, due to which she stopped to attend the school. The accused harassed her daughter with regard to the victim girl/PW2 and she informed the same to
PW4. She came to know that the accused took the victim girl/PW2 to a lodge at
Moinabad and committed sexual intercourse with her. In the cross-examination
Pw-5 admitted that through Pw-1 only she came to know that the accused took the victim girl to a lodge at Moinabad and committed sexual intercourse. Further, she stated that she do not know the person and her daughter informed the harassment of accused to her. From the above statement of Pw5 it is clear that her evidence is hearsay in nature with regard to the harassment of accused on her daughter and also on the victim girl.
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18. Pw-6/Police Constable stated that he videographed the statements of Pw1,
Pw-3, Pw-4 , Pw-5, Lw-2/ and Lw-7/ and handed over the CD to Assistant
Commissioner of Police. Through Pw-6, CD and also certificate U/sec.65-B of
Indian Evidence Act was marked as Exs.P-4 and P-5. In the cross-examination
Pw-6 denied that he never videographed the statement of witnesses.
19.Pw-7/Panch witness for confession cum seizure panchanama deposed that on 21-03-2024 at about 09:30 am he along with LW10 were called to the Asst.
commissioner of police office. They went there and the Assistant Commissioner of Police and the accused were there in the office of Assistant Commissioner of
Police. On the instructions of Assistant Commissioner of Police they enquired the accused and the accused confessed the guilt of commission of offence. The police seized one cell phone from the possession of the accused in their presence. The Assistant Commissioner of Police drafted confession cum seizure panchanama and obtained their signatures. Through Pw-7, admissible portion of confession cum seizure panchanama was marked as Ex.P-6 and Oppo cell phone marked as MO-1. Further Pw-7 stated that the accused lead the police to a hotel situated at Moinabad and the Assistant Commissioner of Police conducted scene of offence observation panchanama and drawn rough sketch. The scene observation panchanama along with rough sketch was marked (CDF) as Ex.P-7.
In the cross-examination Pw-7 denied that he signed on the panchanama and rough sketch in the police station. He stated that the name of the hotel was
High Rise and there panchanama was conducted. From the said statement of
Pw-7 it is clear that the scene observation panchanama was conducted at the hotel in the presence of Pw-7 and his colleague/Lw-10.
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20.Pw-8/Tahsildar, Asfnagar Mandal stated that he received the requisition for the Assistant Commissioner of Police for verification of castes of one E.Durga
Shankar and Victim girl. As per his instructions, field officers of their office verified the caste of accused and confirmed that he belongs to Mudhiraj (BC) community. As per the requisition report the victim girl belongs to SC (Madiga) community. To that effect he issued verification certificates. Through Pw-8 the caste certificate letter addressed to Assistant Commissioner of Police dated 19- 03-2024 was marked as Ex.P-8.
21.Pw-9/School Assistant/In charge Head Master of Govt Boys High School,
Ghoshacut, Seetharam Bagh, Hyderabad is the person who issued the bonafide certificate under Ex.P-9 by mentioning the date of birth of the victim girl is 03- 07-2009.
22.Pw-10/Medical Officer stated that on 16-03-2024 she received a requisition from PS Mangalhat to examine the victim girl. Accordingly she conducted medical examination over the victim girl and noticed that the hymen was not intact. Basing on her medical examination she opined that “As the hymen was not intact there is possibility of sexual assault”. Through Pw-10 the medical examination report was marked as Ex.P-10.
As per the statement of victim girl/Pw-2 in the month of July 2023 the accused committed sexual assault on her. As per the medical officer she examined the victim girl on 26-03-2024. Since the victim girl was not subjected to medical examination immediately after sexual assault there was no possibility of getting any of the medical evidence with regard to the sexual assault meted out by victim girl. As such, the evidence of medical officer is not helpful to the
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case of prosecution to come to the conclusion about the sexual assault on the victim girl.
23.Pw11 other panch witness to confession cum seizure panchanama deposed that on 21-03-2024 police called him and also PW7. On the instructions of
Assistant Commissioner of Police they enquired with the accused and the accused confessed the guilt of commission of offence in their presence and the
Police seized one cell phone from the possession of the accused. One Woman police constable downloaded the photos and videos from the said cell phone into the CD in his presence. Through Pw-11, Cell phone and the CD containg the photos and videos marked as MO-1 and MO-2. Further Pw-11 stated that the accused led them to High Rise Hotel, Moinabad and took them to a room bearing
No’s.110 and 103 and there the police conducted scene of offence panchanama and also drawn rough sketch. The Assistant Commissioner of Police also collected the register and guest registration card from Pw-13. The police obtained his signatures on confession cum seizure panchanama and also Panch
Chits. Through Pw-11, the crime details form and panch chits were marked as
Exs.P-6 and 7 respectively.
In the cross-examination Pw-11 denied that at the instance of police he was deposing false and no confessional panchanama was recorded in his presence and no scene of offence panchanama also was conducted in the hotel.
Unless the scene of offence and confessional statement was recorded, there was no need for Pw-11 to state falsehood before the court. In the cross-examination it was not disputed about the seizure of cell phone from the possession of accused and downloaded the photos and video into CD. So, from the evidence of Pw-11 it is clear that the police seized the cell phone and downloaded the photographs
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into the CD and also prepared scene observation panchanama and rough sketch at high rage hotel, Moinabad.
24. Pw-12/Woman Sub-Inspector of police stated that on 16-03-2024 the
Admin of Bharosa received requisition from Mangalhat PS to record the statement of the victim girl/PW2. Accordingly she examined and recorded the statement of the victim girl/PW2 in the presence of her mother. After recording the statement she handed over the said statement to the concerned police.
25. Pw-13 Medical Officer testified that on 01-04-2024 he received requisition from Assistant Commissioner of Police, Ghoshamahal Division to conduct potency test. Accordingly he conducted general, physical and local examination and opined that “there is nothing to suggest that the individual examined is not capable of performing the act of sexual intercourse Through
Pw13, potency test report marked as ExP-11.
In the cross-examination Pw-13 denied that he has not received any requisition and no potency test was conducted by him. But, nowhere it was suggested to Pw-13 that the accused was impotent. Even not suggested any of the procedural irregularities committed by medical officer while conducting test and determining the potency of accused. From the evidence of Pw-3 coupled with Ex.P-11 it clear that the accused was potent at the time of incident.
26.Pw-14 Sub-Inspector of police deposed that on 15-03-2024 he received
ExP1 complaint from PW1 and basing on the said complaint he registered a case in Crime. No 120/2024 u/s 376(3), 354-C, 354-D of IPC and sec 3 r/w 4 of
POCSO Act and Sec 3 (2) (v) of SC/ST (POA) Act and issued FIR. Through
Pw-14 the First Information Report marked as Ex.P-12.
Judgment in SC PCS-146/2024 19/35 Dt :25-09-2025
In the cross-examination Pw-14 denied a suggestion that he has not received any complaint from Pw-1 and he was deposing at the instance of his superiors. But in this case the complainant/Pw-1 himself stated that he lodged complaint. Ex.P-1 complaint is also reflecting the signature of defacto complainant and also endorsement of Pw-14 on the complaint. Unless some one lodged complaint there was no need to Pw-14 to prepare a complaint and register a case themselves. From the evidence of Pw-14 it is clear that on that on 15-03- 2024 the police received complaint and registered the case.
27. Pw-15/Inspector of police stated that on 15-03-2024 he received CD file from Pw-14 and he took up investigation. He sent requistion to Bharosa Center for recording the statement of victim girl and also had given a requisition for conducting medical examination. Accordingly, Pw-12 recording the statement of victim girl and Pw-10 conducted Medical examination to her. He filed requisition for recording the statement of victim girl U/sec.164 of Cr.P.C.,
Accordingly Lw-17 the Hon’ble VII Metropolitan Magistrate, Hyderabad recorded the statement of victim girl. Due to the gravity of the offence and as the provisions of SC & ST (POA) Act attracts, he handed over the CD file to Lw-20 for further investigation. On information Lw-20 along with Pw-15 rushed to the spot and apprehended the accused. Lw-20 recorded the confessional panchanama of accused and the accused led them to high raise hotel located at
Hyderabad besides lotus temple, Moinabad. He assisted the Lw-20 in investigation.
28.Pw-16/Assistant Commissioner of Police of Goshamhal Division deposed that on 16-03-2024 he received the case file from PW15 for further investigation
Judgment in SC PCS-146/2024 20/35 Dt :25-09-2025
and he verified the investigation done by PW15. During the course of investigation and basing on the provisions of Sec.71 of SC/ST (POA) rules 1995 he informed the details of the case to the higher authorities. He was appointed an investigation officer in this case vide proceedings bearing no. RC No. 91/CP-
Camp/2024 dated 19-03-2024. On 16-03-2024 he collected the video recording statement along with statement recorded by PW12 u/s 161 Cr.P.C of victim girl recorded at Bharosa from PW12. Basing on the statement of the victim girl he altered and added the section of law from 376(3), 354-C, 354-D of IPC and sec 3 r/w 4 of POCSO Act 2012, 3(2)(v) of SC/ST (POA) Act 2015 to 376(3), 376(2)
(n), 354-C, 354-D, 506 IPC and sec 5(l) r/w 6 of POCSO Act 2012 and sec 3(2)
(v) of SC/ST (POA) Act 2015 and filed section alteration and addition memo
before the Hon’ble court (Ex.P-13). He collected the medical examination
report from PW10. On his requisition Pw-9 issued the bonafide certificate of victim girl/PW2 under Ex.P-9. As per the bonafide certificate the date of birth of victim gilr is 03-07-2009. He addressed a letter to PW8 to furnish the caste verification report of accused and PW1 and PW2. Accordingly PW8 furnished caste verification report under ExP8. As per the verification report PW1 and
PW2 belongs to SC Madiga Community and accused belongs to BC-D (Mudiraj) Community. He got examined and recorded the statement of victim girl and mother of victim girl under cover of videography with the help of PW6.
Pw-16 further stated that on information on 21-03-2024 he along with
Pw-15 rushed to the house of accused and apprehended the accused. He secured the presence of PW7 and PW11 and in their presence interrogated the accused and recorded the confessional statement of the accused. The accused produced his cell phone and then with the help of LW11/K.P Ashwini WPC-31052, the
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photos in the cell phone were copied into CD (MO-2) and the cell phone (MO-1) of the accused was seized. The accused further confessed that he will show the scene of offence situated at High Rise Hotel located at Himmathnagar beside lotus temple Moinabad. After recording the confessional statement and seizure of property the accused led them to High Rise Hotel located at Himmat Nagar beside lotus temple Moinabad, RR Dist. There Pw-16 examined and recorded the statement of PW3 who is Manager of High Rise hotel. His statement was recorded under the videography with the help of PW6 and also seized the register and guest registration card under ExP2 and P3. The accused shown the room No. 110 and 103 where he committed the offence against the victim girl.
He conducted the scene of offence observation panchanama and also drawn rough sketch in the presence of PW7 and PW11 under ExP7. He effected the arrest of the accused and produced him before the concerned court for judicial custody.
Pw-16 further deposed that on 22-03-2024 he obtained police custody of the accused and send him to Osmaina Medical College for conducting potency test. PW13/Medical officer conducted potency test of accused and issued potency report under ExP11. After completion of police custody he produced the accused before concerned court. On 06-04-2024 he examined and recorded the statements of PW4, PW5 and LW7/Smt Rekha under videography with the help of PW6. He also examined and recorded the statement of PW6 and collected section 65-B Indian Evidence Act certificate under ExP4 and P5. On collection of all the relevant documents and on completion of investigation Pw-16 filed charge sheet against the accused.
Judgment in SC PCS-146/2024 22/35 Dt :25-09-2025
In the cross-examination Pw-16 denied that Pw-9 issued the fake bonafide certificate and also denied that the accused certificate issued by Pw-8 also on fake certificate. He denied that the accused never took them to High Rage hotel and he prepared scene of offence panchanama and rough sketch in the police station and he denied that he planted all the documents and foisted false case against the accused.
29.Offences U/sec.5(l) r/w Sec.6 of POCSO Act and Sec.376(3), 376(2)(n)
IPC:
Before going into the discussion with regard to the guilt of accused under
this section it is appropriate to refer the sections.
(a) Sec.5(l) r/w.Sec.6 of POCSO Act 2012 says that “whoever commits aggravated penetrative sexual assault on a child repeatedly 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.”
(b) Sec.376(3) of IPC says that : “Whoever, commits rape on a woman under sixteen years of age 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 that person’s natural life, and shall also be liable to fine.” (c) Sec.376(2)(n) of IPC says that : “Whoever, commits rape repeatedly on the same woman shall be punished with rigorous imprisonment for a term
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which shall not be less than ten years, but which may extend to imprisonment for life, which shall means imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.”
30.With reference to the above section when we look into the evidence, victim girl/Pw-2 categorically stated that the accused has taken away her into a room and forcibly removed her clothes and committed rape on her for two to three times. As already stated above except giving suggestion that the accused never committed any offence, nothing was elicited to disbelieve her version. As discussed in point No.1, the victim girl/Pw-2 was aged about 14 years at the time of offence. In this case there is no dispute with regard to the identification of accused and he was known person to the victim’s family. Since no circumstances placed before the court to raise any doubt with regard to the genuinenity of statement given by victim girl/Pw-2 before the court, this court felt that her evidence was trustworthy and can be acted upon. From the evidence of
Pw-2/victim girl it can be said that the accused took her into a room and committed sexual assault on her. The medical officer Pw-13 evidence shows that at the time of examination the accused was potent. So, from the evidence of victim girl/Pw-2 it can conclude that the victim girl/Pw-2 was subjected to sexual assault in the hands of accused for two to three times. Since the prosecution is able to prove that the accused committed sexual assault on the victim girl/Pw-2, now the burden shifts on the accused to disprove the presumption contained under section 29 and 30 of POCSO Act. To decide this question, it is necessary to notice the said Sections and they read as under:
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Sec.29: Presumption as to certain offences:- Where a person is prosecuted for committing or abetting or attempting to commit any offence under
Sections 3, 5, 7 and Section 9 of this Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be unless the contrary is proved.
Sec.30: Presumption of culpable mental state:- (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
31.From the above two sections it is clear that if a person was accused for the offence U/sec.5(l) r/w.Sec.6 of POCSO Act the court shall presume that the accused has committed the offence against the victim girl/Pw-2. It is for the accused to disprove the presumption and charges levelled against him by adducing the evidence beyond all reasonable doubt. In the cross-examination of
Pw-1 it was suggested that he borrowed an amount of Rs.1,00,000/- from accused and executed bond paper. From the above question it appears that the defence of accused is that he was implicated in false case due to the monetary disputes. The above suggestion is revealing that there was a bond paper executed by Pw-1. In such a case it is not difficult to the defence counsel to substantiate the said fact by producing bond paper before the court. Except giving a suggestion no prove of document or no person was examined before the court with regard to the monetary disputes in between the accused and Pw-1. Even, if we accepted the version of defense is true for a moment, no parent can file this
Judgment in SC PCS-146/2024 25/35 Dt :25-09-2025
type of case with an allegation that one person raped their minor daughter who was aged about 14 years. So, the above contention of accused is not believable.
The accused failed to rebut the presumption contained in Sec.29 and 30 of
POCSO Act either through cross-examination of the witnesses or by producing any sort of evidence. On the other hand the prosecution through the evidence of
Pw-1/victim girl proved that the accused committed sexual intercourse with the victim girl/Pw-2 for two or three times. As such, the prosecution proved the guilt of accused for the offence U/sec.5(l) r/w Sec.6 of POCSO Act 2012.
32.Offence U/sec.354-C IPC Voyeurism:-
The offence U/sec.354-C IPC says that “Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years and shall also liable to fine”.
With regard to the offence U/sec.354-C IPC concerned the victim girl/
Pw-2 evidence shows that the accused had taken nude photos of her in his cellphone, inspite of warnings not to take photos. Pw-6/Assistant Commissioner of Police stated that they apprehended the accused and the accused produced his cell phone. With the help of Woman Police Constable 31052 photos in the cell phone were copied into CD. The cellphone and CD were marked as Mos-1 and 2 through Pw-11. The CD MO-2 is having pictures of victim girl. The said pictures were obtained when the victim girl was in nude position in bathroom
Judgment in SC PCS-146/2024 26/35 Dt :25-09-2025
and engaged in a private act of bathing. The victim girl/Pw-2 stated that the accused threatened her that he will upload the photos in social media. From the said statement of Pw-2/victim girl it is clear that the accused obtained nude photographs of victim girl when she was engaged in priavate act of bathing only to dissemination her image in social media which is an offence U/sec.354-C of
IPC.
33.The offence U/sec.354-D of IPC “Stalking”:
Sec.354-D IPC says that “ Any man who follows a woman andcontacts, or attempts to contactsuch woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman”.
34.In this regard the victim girl/Pw-2 stated that in the month of July, 2023 when she was going to the house of her friend, the accused followed her and asked her to come with him but she refused. Further she stated that the accused used to follow her while she was going to school. In the month of November 2023 on one day while she was returning to her house from school, the accused tried to catch hold her hand. One of her neighbor saw the incident and warned the accused. Again in the month of Deccember 2023 on one day when they were going to Mount Opera from school, the accused followed their school bus till
Mount Opera. The accused started to talk with her friends. From the above statement of victim girl/Pw-2 it is clear that the accused used to follow her, wherever she goes. Further as per Pw-2, she stopped talking with the accused treating him bad person. As the accused threatened her that he will upload her photos in social media, she was not talking with him. From the said statement it is clear that the victim girl/Pw-2 has given indication to the accused that she has
Judgment in SC PCS-146/2024 27/35 Dt :25-09-2025
no interest on him and to talk with him. Inspite of her disintersted the accused used to follow her and also started to threaten her. As such, the accused is found guilty for the offence punishable U/sec.354-D of IPC.
35.Sec.506 of IPC: Punishment for Criminal Intimidation:
Sec.506 of IPC says that : “Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for aterm which may extend to two years, or with ine, or with both”.
36. With regard to the guilt of acused U/sec.506 of IPC concerned the victim girl/Pw-2 evidence shows that the accused threatened her that he will kill her sister and father, if she did not head him. The accused brought her to the house and dropped her and threatened not to inform about the incident to anyone, otherwise he will kill her sister and father. The accused also threatened her that he will upload the photos in social media. From the above statement of victim girl/Pw-2 it is clear taht the accused threatend her that an injury toher sister and father and also threatend the injury to her reputation in the society. As such, the prosecution also able to prove the ingredients of Sec.506 of IPC.
As discussed int he above paragraphs the prosecution proved the guilt of accused U/sec.5(l) r/w.Sec.6 of POCSOAct, 376(3), 376(2)(n), 354-C and 354-D
IPC. Accordingly the point is answered.
37. POINT No. (3) “Whether the prosecution is proved the guilt of accused for the offence U/sec.3(2)(v) of SCs & STs (POA) Act”?
Sec.3(2)(v) of SCs & STs (POA) Act 1989:- Sec.2 says that “Whoever, not being a member of a Scheduled caste or Scheduled Tribe:-
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Sec. (v) says that “ commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled
Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine”.
38. To establish that the victim girl is belongs to SC (Madiga) community and the accsued belongs to BC (Mudiraj) community, the prosecution examined
Pw-8 who is Tahsildar, Asfnagar Mandal. His evidence shows that he received the requisition for the Assistant Commissioner of Police for verification of castes of one E.Durga Shankar and Victim girl. As per his instructions, field officers of their office verified the caste of accused and confirmed that he belongs to
Mudhiraj (BC) community. As per the report the victim girl belongs to SC (Madiga) community. To that effect he issued verification certificates. Through
Pw-8 the caste certificate letter addressed to Assistant Commissioner of Police
dated 19-03-2024 was marked as Ex.P-8. In the cross-examination Pw-8 stated
that basing on the verification report submitted by field officer he confirmed the castes of accused and the victim girl. He denied that he did not verify the caste and issued letter confirming the castes of accused and the victim girl. Ex.P-8 reflects that the inquiry conducted with regard to the castes of accused and victim girl which reveals that the accused belongs to Mudhiraj (BC) community and the victim girl belongs to SC (Madiga) community, to that effect the
Tahsildar, Asifnagar Mandal issued Ex.P-8. As per reference No.2 cited in
Ex.P-8, Tahsildar, Asifnagar Mandal through report from MRI/SPL.R.I, Dated 19-03-2024. So, basing on the report submitted by Mandal Revenue Inspector,
Tahsildar, Asifnagar Mandal issued Ex.P-8. Since the Tahsildar, Asifnagr Mandal
Judgment in SC PCS-146/2024 29/35 Dt :25-09-2025
is independent person, no where connected with the accused and the victim girl and as there was no need for him to give false certificate with regard to the castes of accused and the victim girl and as no suspicion circumstance is revealing with regard to the genuinety of enquiry conducted by M.R.I, this court felt that from the evidence of Pw-8 and Ex.P-8 it can be conclude that the victim girl is belongs to SC (Madiga) community and the accused is belongs to
Mudhiraj (BC) Community.
As discussed in point No.2, the prosecution established that the accused committed the offence punishable U/sec.3(2) (v) of SCs & STs (POA) Act 2015 against the victim girl. It is the fact that the accused and the victim girl knows each other and the accused is friend of father of victim girl. Further, the evidence on record is revealing that the accused used to visit the house of victim girl freequently. Sec.8 (ii) (c) of SCs & STs (POA) Act says that “when the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved”. In this case the accused nowhere denied the caste of victim girl and not claimed that he also belongs to SC, ST community.
In view of the presumption and also presumption contained in Sec.8 (ii) (c ) of
SCs & STs (POA) Amendment Act 2015 and also from the above discussion it can be conclude that the accused having personal knowledge about the caste of victim girl and committed the offence punishable with an imprisonment for a period of 10 years or more as defined U/sec.3(2)(v) of SC & ST (POA)
Amendemnt Act 2015. The point is answered accordingly.
39. POINT No. (4) To what relief?
Judgment in SC PCS-146/2024 30/35 Dt :25-09-2025
40. In the result, the accused is found guilty for the offence punishable under sections 5(l) r/w.Sec.6 of POCSO Act 2012, Sec:376(3), 376(2)(n), 354-C, 354-D, 506 of IPC and Sec.3(2)(v) of SCs & STs (POA) Act 1989. and he is convicted under section 235(2) of Cr.P.C. for the said offences.
Typed to my dictation by the Stenographer-Grade-I, corrected and
pronounced by me in the open court, on this the 25th day of September 2025.
XII ADDL. METROPOLITAN SESSIONS JUDGE
FAC: SPECIAL JUDGE FOR FAST TRACT COURT FOR EXPEDI-
CIOUS TRIAL OF CASES UNDER THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES (POCSO) ACT AT HACA BHAVAN,
HYDERABAD.
41. Heard the accused on question of sentence. It is submitted that he has not committed any offence. Father of victim has to give amount to him and he filed false case.
Having regard to the facts and circumstances of the case and the above submissions of the accused, on considering the nature of offences and age of victim girl this court felt that no lenient view can be taken in imposing the sentences against the accused.
42.Here, in view of Section 42 of the POCSO Act, a question arises whether the accused can be punished for the offences under Section 376 (2) (n) and 376 (3) of the Indian Penal Code and Section 5 (l) read with Section 6 of the POCSO
Act. To decide this question, it would be necessary to notice Section 42 of the
POCSO Act and the same reads as under:
“42. Alternate punishment:- Where an act or omission constitutes an offence punishable under this Act and also under Sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AB,
Judgment in SC PCS-146/2024 31/35 Dt :25-09-2025
376B, 376C, 376D, 376DA, 376DB, 376E, 509 of the Indian Penal
Code or Section 67B of the Information Technology Act, 2000 (21 of 2000), then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian
Penal Code as provides for punishment which is greater in degree.”
43.From the above provision, it is obvious that if the wrong doer is found guilty of any offence under the POCSO Act and under any of the above provisions of the Indian Penal Code, he shall be punished under the POCSO Act or under the Indian Penal Code as provides for punishment which is greater in degree. In the instant case, the accused is found guilty of the offences under
Section 376 (2) (n), 376(3) of the Indian Penal Code and Section 5 (l) read with
Section 6 of the POCSO Act. The punishment prescribed for the offence under
Section 376 (2) (n) of the Indian Penal Code is rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. The punishment prescribed for the offence under Section 376 (3) of the Indian Penal Code is 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. Whereas, the punishment prescribed for the offence under Section 6 of the POCSO Act is 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. So, in view of the principle contained in Section 42 of the POCSO Act, the accused
Judgment in SC PCS-146/2024 32/35 Dt :25-09-2025
shall be inflicted with the alternate punishment prescribed for the offence under
Section 6 of the POCSO Act only.
The punishment prescribed for the offence under section 354-C of the
Indian Penal Code is rigorous imprisonment for a term which shall not be less than one year, but which may extend to three years and shall also be liable to fine. The punishment prescribed for the offence under section 354-D of the
Indian Penal Code is rigorous imprisonment for a term which may be extended to three years, and shall also be liable to fine.
44. (a). In the result, the accused is convicted for the offences under Section
U/sec. 376(2)(n), 376(3), 354-C, 354-D and 506 of IPC and Sec.5(l) r/w.Sec.6 of
Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of
SCs & STs (POA) Act and sentenced to undergo Rigorous Imprisonment for
Life, which shall mean imprisonment for the remainder of natural life of
accused and to pay a fine of Rs.10,000/- (Rupees Ten thousand only), in default, to undergo simple imprisonment for Six months for the offence under Section 5 (l) read with Section 6 of the POCSO Act.
In view of Section 42 of the POCSO Act, no separate sentence is being imposed against the accused for the offence under Sections 376 (2)(n), 376(3) of the Indian Penal Code.
(b).The accused is further convicted for the offences under Section U/sec.
354-C of IPC and sentenced to undergo rigorous imprisonment for Three (3) years and to pay a fine of Rs.5,000/- (Rupees Five thousand only), in default, to undergo simple imprisonment for Three(3) months for the offence under
Section 354-C of IPC.
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(c). The accused is further convicted for the offences under Section U/sec.
354-D of IPC and sentenced to undergo rigorous imprisonment for Three (3) years and to pay a fine of Rs.5,000/- (Rupees Five thousand only), in default, to undergo simple imprisonment for Three(3) months for the offence under
Section 354-D of IPC.
(d).The accused is further convicted for the offences under Section U/sec. 506 of IPC and sentenced to undergo rigorous imprisonment for Two (2) years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default, to undergo simple imprisonment for Three (3) months for the offence under Section 506 of
IPC.
(e). The accused is further convicted for the offences under Section 3(2)(v) of
SCs & STs (POA) Act and sentenced to undergo Rigorous Imprisonment for
Life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only), in default, to undergo simple imprisonment for Six (6) months for the offence under Section 3(2)(v) of SCs & STs (POA) Act.
All counts of imprisonments from (a) to (e) shall run concurrently.
The case property MO-1 shall be confiscated to State after expiry of appeal time. MO-2 shall be kept in file (photos and Videos).
45. The victim was aged about 14 years at the time of incident. Having regard to the financial condition and social status of the victim girl/Pw-2, this court considers it appropriate to recommend awarding an amount of Rs.2,00,000/- (Rupes Two Lakhs Only) to the victim girl, as final compensation, which would help her to meet her immediate needs and education. So, Rs.2,00,000/- is decided
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as compensation amount. Therefore, the secretary, DLSA is hereby directed to take steps to pay the said compensation amount of Rs.2,00,000/- (Rupees Two
Lakhs Only) to the victim girl at the earliest.
As seen from the record, the accused was in jail in this case from 21-03- 2024 to 05-02-2025 and from 07-04-2025 to till date. The said period shall be given set off under Section 428 of the Code of Criminal Procedure against the substantial sentences of imprisonments imposed against him.
A copy of the judgment is furnished to the each accused at free of cost u/s.363 Cr.P.C by intimating him about his right to prefer an appeal against the present judgment and right to get free legal aid.
Typed to my dictation by the Stenographer Grade-I, corrected and pro- nounced by me in the open court, on this the 25 th day of September 2025.
XII ADDL. METROPOLITAN SESSIONS JUDGE
FAC: SPECIAL JUDGE FOR FAST TRACT COURT FOR EXPEDITIOUS TRIAL OF
CASES UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
(POCSO) ACT AT HACA BHAVAN, HYDERABAD.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
Pw1: Sri Muthyala Ravinder Kumar: Defacto complainant/Father of victim girl
Pw2: Victim girl
Pw3: Sri Mothukuru Srikanth: High Rise Hotel Manager
Pw4: Sri Dandigolu Sambaiah: Witness
Pw5: Smt.Alakunta Saritha: Witness
Pw6: Sri Ch.Sandeep Kumar: Videographed the statement of witnesses
Pw7: Sri Ippili Srinivas Rao: Panch for confession cum seizure panchanama
Pw8: Smt.S.Jyothi: Tahsildhar, Asifnagar Tahsil.
Pw9: Sri Devaraku Anand Reddy: Furnished Bonafide Certificate of victim girl
Pw10:Dr.M.Vasantha Devi: Medical officers
Pw11:Smt.T.N.Kavitha: Panch witness for confession cum seizure panchanama
Judgment in SC PCS-146/2024 35/35 Dt :25-09-2025
Pw12:Dr.M.Anusha, Woman Sub-Inspector of police
Pw13:Dr.K.Sudhakar Suresh: Conducted Potency Test of accused.
Pw14:Smt.G.Ambica: Woman Sub-Inspector of police issued FIR
Pw15:Sri Madagoni Mahesh: Inspector of police
Pw16:Sri Kotla Venkat Reddy: Asst., Commissioner of Police/I.O.
FOR DEFENCE: -NIL-
EXHIBITS MARKED
FOR PROSECUTION:
Ex.P1: Complaint lodged by Pw-1
Ex.P2: Customer Register of high raise hotel
Ex.P3: Consumer Application Form
Ex.P4: Compact Disk (CD) statement of witnesses.
Ex.P5: Sec.65-B of Indian Evidence Act Certificate.
Ex.P6: Admissible portion of confession cum seizure panchanama.
Ex.P7: Scene Observation Panchanama with rough sketch (CDF)
Ex.P8: Caste verification letter addressed to Asst.Commissioner of police
Ex.P9: Bonafide Certificate of victim girl issued by Pw-9
Ex.P10: Medical Examination Report issued by Pw10.
Ex.P11: Potency test certificate issued by Pw13.
Ex.P12: First Information Report.
Ex.P13: Section Alteration and addition Memo
FOR DEFENCE -NIL-
MOs MARKED
MO-1: Oppo Cell phone seized from the possession of accused
MO-2: Compact Disc (CD) containing the photos and videos.
XII ADDL. METROPOLITAN SESSIONS JUDGE
FAC: SPECIAL JUDGE FOR FAST TRACT COURT FOR
EXPEDITIOUS TRIAL OF CASES UNDER THE PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT AT HACA
BHAVAN, HYDERABAD.