1 of 8 SC (POCSO) 145 of 2019 Jangaon.
IN THE COURT OF THE FAST TRACK SPECIAL SESSIONS
JUDGE FOR EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND
POCSO ACT CASES AT JANGAON.
On Friday, the 20th day of May, 2022.
PRESENT: SMT. T.JAYA LAKSHMI
FAC: Fast Track Special Sessions
Judge for Expeditious Trial And
Disposal of Rape And POCSO Act
Cases At Jangaon.
SPL. SESSIONS CASE . 145 OF 2019.
Crime No.104/2019 of PS Chilpur.
1.Name of the Complainant :The State of Telangana, through Subinspector of Police, PS Chilpur.
2.Name of the Accused:Edla Srinivas S/o. E.Yadaiah, age: 19 yrs, Caste: SC/Madiga, Occ: Inter 1st year student, R/o. Rajavaram (v), of Chilpur mandal.
3.Offence with which charged:u/S. 342, 376AB of IPC and 9(m) r/w 10, 5(m) r/w 6 of POCSO Act.
4.Plea of the accused:Pleaded not guilty.
5.Finding of the Court:Found not guilty.
6.Sentence or Order:Accused is found not guilty for the offences punishable u/S. 342, 376AB of IPC and 9(m) r/w 10, 5(m) r/w 6 of POCSO Act and accordingly he is acquitted under Section 235(1) of Code of Criminal Procedure for the said offence. The bail bonds shall stay in force for a period of six months from this date. The unmarked property which is in the custody of the SHO, Chilpur and shall be destroyed after appeal time is over.
7.Name of the Prosecutor:Sri M. Steeven Spl. Additional Public Prosecutor.
8.Name of the Defence Counsel :Sri. K.Ambareesha Rao, Advocate.
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This Sessions Case is coming on 20052022 before me for final hearing in the presence of Sri.M. Steveen, Addl. Public Prosecutor for the State/Complainant and of Sri. K.Ambareesha Rao, Advocate for Accused; after hearing the arguments of both the sides and the matter having stood over for consideration, till this day, this Court delivered the following:
J U D G M E N T
1.The Sole Accused is arrayned before this court for the offence punishable u/S. 354, 376 (2) (i), 506 of IPC and Sec. 5(m) r/w 6 and 7 r/w 8 of POCSO
Act, 2012 in Cr.no. 104 of 2019 fo P.S. Chilpur.
2.The brief facts of the case are as follows:
On 05082019 at 10.00 hrs the complainant/LW1 who is the father of the Victim/LW3 came to PS Chilpur and lodged a complaint stating that he had three daughters. That, On 04082019 in the evening hours at about 05.00 PM while his two daughters and their friend LW6/Munigala Nandini were playing, at that time accused took his younger daughter/LW3/Victim who is aged about 05 yrs in to his house on the pretext of playing of cell phone games and he did not allow other two girls by name LW7/Edla Shresta who is 07 yrs old and LW6/Munigala Nandini who is 06 yrs old from entering the house and closed the gate by pouring water on them and after closing the doors he lifted her skirt, removed her drawer and he also opened the pant zip, took out penis and made her to squeeze it and he tried to penetrate Penis in her Vagina upon which she cried and on that he threatened her by pressing her neck not to reveal to anyone. That, when LW3 did not come out for one hour LW’s 6 & 7 went and informed the same to LW2 who is the mother of
LW3. In the mean while LW5/Munigala Radhika who is neighbour of LW’s 1 & 2 went to the house of accused and opened the gate and then LW3 came out and revealed the incident to LW2. That, LW1 decided to resolve the issue before the caste elders fearing social stigma but the accused came to LW1’s house and 3 of 8 SC (POCSO) 145 of 2019 Jangaon.
abused them and tried to beat them with chappal and since the accused did not realize his guilt, LW1 lodged the complaint with the police for necessary action.
3.Basing upon the said complaint, the SubInspector of Police, P.S. Chilpur registered a case in Crime No.104/2019 U/s. 376 r/w 511, 506 of IPC and Sec.
7 r/w 8 of POCSO Act, issued FIR and took up the investigation. During the course of investigation, LW22/G.Venkateshwar Babu secured the presence of
LW1 and examined and recorded his statement, then he visited the scene of offence and secured the presence of LW2 examined and recorded her statement and meanwhile LW4/A. Suvarna who is women inspector of police came to the scene of offence and on the instructions of LW22, LW4 secured the presence of
LW3 and examined and recorded her statement with the help of WPC 1756 of
PS Ghanpur (W). Thereafter, LW22 secured the presence of two mediators i.e.,
LW15/Battula Deva Dasu and LW16/M. Aasd and conducted the scene of offence panchanama and drafted CDF. Then, LW22 seized the victim/LW3 clothes i.e., 1. Green colour skirt with silk gold colour boarder, 2. Light gold colour blouse with flowers designed and 3. Green colour drawer, under a cover of separate panchanama in the presence of the above said mediators. Later
LW22 referred LW3 to LW17/Dr.N. Ashwini, Civil Asst. Surgeon and Lady
Medical Officer who examined victim/LW3 under the escort of WPC No. 1756 of
PS Ghanpur (w) for medical examination and later LW22 secured the presence of LW’s 4 to 14 and examined them and recorded their statements.
That on 06.08.2019 at 12.00 hrs LW22 arrested the accused at his house at Rajavaram Village and he was interrogated thoroughly. On interrogation the accused voluntarily confessed his guilt and he also disclosed that on 05082019 after taking bath, he washed the cloths which were worn on the day of the incident and as such nothing was seized from the possession 4 of 8 SC (POCSO) 145 of 2019 Jangaon.
of the accused. Later LW22 brought the accused to PS Chilpur at 12.30 hrs and effected his arrest by issuing arrest form and intimated to his parents.
Later the accused was sent to Professor FMD KMC Warangal, to conduct
Potential Test and he was referred to Duty Medical Officer Area Hospital
Ghanpur (w) and obtained Fitness Certificate and was sent for Judicial
Remand along with Remand Report.
That, on 07082019, LW22 collected Preliminary Report Form from
LW17 who examined the LW3 and she opined “No external injuries over body & perineum, No injuries on breast, External genitalia healthy, Public hair clippings not taken as there is no public hair, Nail clippings not taken as there are no growing nails; Hymen not intact; Fingers not inserted into Vagina; 2 swabs taken from external Genitalia (labia minor), Smears not taken and Final report pending to be given after RFSL.”
That, on 17082019 the Vaginal Swabs seized by the Medical Officer and clothes of LW3 which were worn by her on the day of incident were sent to
RFSL, Warangal for analysis vide File No. RFSL/WGL/2216/SER/184/19, Dt:
17082019. LW.21 is the Scientific Officer, RFSL, Warangal who analyzed the
MO.s issued analysis report vide File No. WGL/SER184/2019, Dt: 09092019.
On 21092019 basing on the RFSL Analaysis Report LW.17 issued final opinion stating that “There is no medical evidence of recent sexual intercourse but sexual assault cannot be ruled out”. On 08082019, LW22 collected the date of birth proof of victim i.e., copy of discharge card of Govt. Maternity
Hospital, Hanamkonda and Aadhar Card vide No. 9509 9472 9551 from LW.1 and as per the documents the date of birth of LW.3 is 13082014. That on 09 082019, LW.22 filed requisition before the Hon’ble Court Spl. Judicial First
Class Magistrate for PCR Cases, Warangal to record 164 Cr.P.C Statement of
LW.3 and accordingly on 17082019, LW.19 (Spl. Judicial First Class 5 of 8 SC (POCSO) 145 of 2019 Jangaon.
Magistrate for PCR Cases, Warangal) recorded the 164 Cr.P.C statement of
LW3. Later, LW.18/Dr. Sudhakar who is Asst. Professor, FMD KMC Wgl who examined and accused and issued Potency Certificate vide report SO.No.
31/2019, Dt: 07082019, in which he opined “Depending on his physical, general and local examination there is nothing to suggest that the above mentioned individual is in capable of doing sexual Act.”
After completion of the investigation, the Sub Inspector of Police filed a charge sheet against the accused for the offences punishable U/s. 354, 376 (2)
(i), 506 of IPC and Sec. 5(m) r/w 6 and 7 r/w 8 of POCSO Act, 2012.
4.The I Additional District Judge, Warangal took cognizance of the offence punishable U/s.376 r/w 511, 506 of IPC and Sec. 7 r/w 8 of POCSO Act against the Accused. The Copies of the documents were furnished to the accused on his appearance. Thereafter, the case was transferred to this court.
5.On appearance of the accused, he was examined under Section 239 of
Code of Criminal Procedure and the charge was framed for the offence punishable under Section 342, 376AB of IPC and 9(m) r/w 10, 5(m) r/w 6 of
POCSO Act against the Accused and the same was read over and explained to the accused in Telugu and he pleaded not guilty and claimed to be tried.
6.During the trial, the prosecution examined PW.1 to PW.3 and got marked
Ex.P1 to P4. As the material witnesses did not support the case of the prosecution the learned Additional Public Prosecutor has given up the evidence of the other witnesses. As there is no incriminating evidence against the accused, the examination of the accused u/sec.313 (1)(b) Cr.P.C was dispensed with.
7.Heard both sides and perused the record.
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8.Now the points for determination are :
1. Whether the prosecution has proved that the accused committed rape on victim?
2. Whether the prosecution proved the guilt of the accused for the offences punishable U/s. 342, 376
AB of IPC and 9(m) r/w 10, 5(m) r/w 6 of POCSO Act.
beyond all reasonable doubt?
POINT:
As the points no.1 & 2 are interlinked they are discussed together to avoid repetition. The case of the prosecution is that the accused committed penetrate sexual assault on victim. In order to prove the said allegation the prosecution examined PW.1 who is the complainant and father of PW3. PW.1 in his chief examination deposed that about three years ago on one day there was a quarrel took place between him and the father of the accused, as such he lodged a complaint in PS and police obtained his signatures on the blank papers and he do not know the contents of the complaint and he have no grievance against the accused and that police did not examine him. Ex.P1 is his signature. Later he turned hostile and did not support the case of prosecution. Ex.P2 is 161 Cr.P.C. statement of PW1. The mother of the victim was examiend as PW2 and she also deposed in the same lines as deposed by
PW1.
The Victim Girl is examined as PW3 and as the victim is aged about 8 yrs old, firstly some questions were asked to her regarding her personal details to know whether she can understand the questions and give rational answers and after satisfying that the victim can give rational answers she was proceeded to record evidence. PW3 in her chief examination deposed that she do not know the accused and that he never committed any offence against her and she do not know the facts of the case and also deposed that police did not examine 7 of 8 SC (POCSO) 145 of 2019 Jangaon.
her. Witnesses turned hostile and did not support the case of prosecution.
Ex.P4 is her 161 Cr.P.C. statement.
The evidence of PW’s 1 & 2 is only to the effect that about three years ago on one day there was a quarrel took place between them and father of the accused as such PW1 lodged a complaint to the police. PW1 who is the defacto complainant in this case has not made any allegation against the accused and he turned hostile. PW2 who is the mother of the victim also did not made any allegation of harassment against the accused and she also turned hostile. The
Victim Girl also turned hostile and did not made any allegation of harassment against the accused.
That, there is no evidence to prove that the accused committed penetrate sexual assault on victim. As stated earlier as the victim and her parents turned hostile and did not support the case of the prosecution, the learned Additional
Public Prosecutor gave up the evidence of the other witnesses. The prosecution failed to prove the guilt of the accused for the alleged offences. In view of the above discussion, Point no.1 and 2 are held against the prosecution.
9. In result, the Accused is found not guilty for the offences punishable u/S. 342, 376AB of IPC and 9(m) r/w 10, 5(m) r/w 6 of POCSO Act and accordingly he is acquitted under Section 235(1) of Code of Criminal Procedure for the said offence. The bail bonds shall stay in force for a period of six months from this date.
The unmarked property which is in the custody of the SHO, Chilpur and shall be destroyed after appeal time is over.
(Typed to my dictation by stenographer, after her transcription, pronounced and signed by me in the open Court on this 20th day of May, 2022.)
FAC: Fast Track Special Sessions Judge for Expeditious Trial And Disposal Of Rape
And POCSO Act Cases At Jangaon.
8 of 8 SC (POCSO) 145 of 2019 Jangaon.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution: For Defence:
PW.1: Edla Karunakar. NONE PW.2: Edla Vijaya. PW.3: Edla Srinidhi.
DOCUMENTS MARKED
For Prosecution: For Defence:
Ex.P1: Signature NIL Ex.P2: 161 Cr.P.C Statement of PW.1 Ex.P3: 161 Cr.P.C Statement of PW.2 Ex.P4: 161 Cr.P.C Statement of PW.3
FAC: Fast Track Special Sessions Judge for Expeditious Trial And Disposal Of Rape
And POCSO Act Cases At Jangaon.