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IN THE COURT OF THE SPL. SESSIONS JUDGE FOR TRIAL OF CASES
UNDER PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-CUM-
PRINCIPAL DISTRICT AND SESSIONS JUDGE AT JANGAON
Dated this the 10th March, 2023
Present: V.Bala Bhaskar Rao FAC. Spl. Sessions Judge for trial of cases under protection of Children from Sexual Offences Act, 2012-cum- Prl. District and
Sessions Judge, Jangaon.
SPL. SESSIONS CASE NO. 159/2020
Name of the complainant:The State through Sub Inspector of Police, Jangaon. Name of the accused :Margam Srinivas, S./o. Venkanna, Age: 23 yrs, Caste: Munnurukapu, Occ: Student B.Tech 2nd year, R/o. H.No. 3-8-9 Reddy street, Jangaon. Crime Number:64/2020 Offence Under Section:Sec. 354-A of IPC and Sec. 11 r/w 12 of POCSO Act. Prosecution conducted by :Sri Steeven, Special Public Prosecutor. Defence conducted by:Sri. Sreeram Srinivas , Advocate for accused Plea of the accused :Pleaded not guilty. Sentence of order:In the result, the accused is found not guilty for the charges under sections Sec. 354-A of IPC, Sec 11 r/w 12 of POCSO Act and accordingly, accused is acquitted in terms of Sec.232 of Cr.P.C. for the said charges. Bail bonds of the accused shall stand cancelled after lapse of six months from the date of the judgment. The un-marked case property if any shall be destroyed after appeal time.
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This case is coming before me for hearing in the presence of Sri Steeven, Special Public Prosecutor for the State and of Sri. Sreeram Srinivas, Advocate for the accused, having stood over the for consideration till this day, this court delivered the following:
J U D G M E N T
The State through Sub Inspector of Police, Jangaon Town filed the charge-sheet against the accused for the offences punishable under
Sec.354A (i) (ii), 323 of IPC and Sec 11 r/w 12 of POCSO Act, 2012 in
Cr.No.64/2020 of P.S. Jangaon.
2. The brief facts of the prosecution case are that on 19.02.2020 the informant/victim lodged a report with then SHO PS Jangaon stating that she is aged about 17 yrs and working as vegetable vendor and that the accused is following her and harassing her mentally by saying that he is love with her and that on several occasions her parents admonished him and that in the panchayat conduced by the parents that elders admonished the accused and that the accused promised before the elders that he will never follow her but the accused did not change his attitude and continued to follow her and stalk her and that on 17.02.2020 at about 11.00 PM that the accused came infront of her house shouted loudly and abused in filthy language and that the accused quarreled with her parents and beat her parents with hands and that when she intervened that the accused also 3SSC.No. 159 of 2020
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beat her and threatened her that he will make her photographs viral in social media and that basing on the said report the SHO PS Jangaon registered the case against the accusled In Cr.No. 64/2020 for offences
Punishable U/Sec 323, 354 of IPC and U/sec 11 r/w 12 of POCSO Act, 2012 the SI of police Jangaon took up investigation. During the course of investigation, the, Sub-Inspector of Police, P.S. Jangaon examined and recorded the statement of the victim girl, visited the scene of offence, examined and recorded the statements of the witnesses, prepared the crime detail form in the presence of mediators and obtained the Study certificate of the victim girl from the ST. Palus High School, Nehru park
Jangoan and that on 17.03.2020 he arrested the accused and remanded him to judicial custody. The statement of the victim girl was recorded
U/Sec. 164 Cr.P.C by the AJFCM Jangoan on the requisition filed by the investigation officer. After completion of investigation he filed the charge sheet against the accused.
3. The case was taken on file for the offences punishable under sections Sec. 354 A of IPC and Sec 11 r/w 12 of POCSO Act, 2012 against the accused in SSC No.159/2020 by this court. The presence of accused was secured and he was furnished with the case copies as contemplated under section 207 of Cr.P.C.
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4. This court having considered the record, framed charges under Sec. 354 A of IPC and Sec 11 r/w 12 of POCSO Act, 2012 read over and explained to the accused in vernacular language for which he denied the said charges, pleaded not guilty and claimed to be tried.
5. During the course of trial, to prove its case, the prosecution has examined P.Ws.1 to 3 and got marked Exs.P.1 to P.4. The learned Spl. Public prosecutor has given up examination of the listed witnesses no.2, 5 to 13 as the victim and her parents totally turned hostile to the prosecution case closed the evidence of above listed witnesses. The examination of accused u/Sec.313 Cr.P.C. is dispensed with as there is no incriminating evidence available in the evidence of prosecution witnesses.
6.Heard both sides. Perused the material placed on record against the accused.
7. POINT FOR DETERMINATION:
Whether conduct of the accused falls within the ambit of sections Sec. 354-A, Sec. 11 r/w 12 of POCSO Act, 2012 and whether the prosecution proved the guilt of the accused beyond reasonable doubt?
POINT
8.The burden of proof is on the prosecution to prove the guilt of the accused beyond all reasonable doubt for the charges framed against him. In this regard, as stated above to prove its case, the prosecution examined
PW.1 to 3 and marked Ex.P.1 to P.4.
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9. PW1 the victim girl in this case deposed that she is a resident of
Jangoan District and she studied up to 8th class and that her parents are residents of Reddy Stree, Jangaon and that her marriage took place with the accused in the year 2021 and it was a love marriage and it took place at
Uppalamma temple Dammaiguda and from that day on wards she and accused are living together at Jangaon town and they are blessed with a boy, who was born on 09.06.2022 and that in the year 2020 at the instance of her parents she lodged a report with SHO PS Jangaon and that she do not know the contents of the said report lodged by her and that the accused never followed her and harassed her in any manner nor beat her and that her statement was recorded by police.
10. PW2 the Mother of the victim girl deposed that at present they are residing at Jangaon and that PW1 is her daughter, and the date of birth of PW1 is 29.07.2023 and that PW1 got married with the accused and they are living separately and that she does not know why her daughter lodged report with the police in the year 2020 and that she does not know the facts of the case and that the accused never harassed PW1 at any point of time and that her statement was recorded by police
11. PW3 Father of the victim girl deposed that at present they are residing at Jangaon and that PW1 is her daughter and PW2 is his wife and that PW1 got married to the accused and they are living separately and 6SSC.No. 159 of 2020
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that he does not know why her daughter lodged report with the police in the year 2020 and that he does not know the facts of the case and that the accused never harassed PW1 at any point of time and that his statement was recorded by police
12. As PW1 to PW3 turned hostile to the prosecution case and resiled from their earlier version before the police, the learned Spl. Public
Prosecutor has cross examined PW1 to PW3 with the prior permission of this court, but failed to elicit anything in support of the prosecution case.
The statements of PW1 to PW3 before the police u/sec. 161 Crpc are marked as Ex.P2 to P4 respectively. Ex.P1 is the signature of PW1 on the report lodged by PW1 with the police.
13. Since the material witnesses PW1 and her parents PW2 and 3 turned hostile to the prosecution case, the learned Spl. Public Prosecutor has given up the examination of the listed witnesses nos.2, 5 to 13.
14.In the instant case, the material witnesses including the victim girl-
PW1 did not support the prosecution case against the accused and totally turned hostile to the prosecution case. The evidence on record is found not sufficient to find the accused guilty for the charges punishable under sections Sec. 354-A of IPC, Sec 11 r/w 12 of POCSO Act, 2012. Hence, the prosecution failed to prove the guilt of accused beyond reasonable doubt for the charges framed against him and he is entitled for acquittal. The 7SSC.No. 159 of 2020
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point is answered accordingly.
15. In the result, the accused is found not guilty for the charges under sections Sec. 354-A of IPC, Sec 11 r/w 12 of POCSO Act and accordingly, accused is acquitted in terms of Sec.232 of Cr.P.C. for the said charges. Bail bonds of the accused shall stand cancelled after lapse of six months from the date of the judgment. The un-marked case property if any shall be destroyed after appeal time.
Typed to my dictation by typist , corrected and pronounced by me in the open court, on this the 10th day of March, 2023
FAC.Spl. Sessions Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012-cum- Prl. District and
Sessions Judge, Jangaon.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PROSECUTION:
PW.1 Victim girl PW.2 Mother of Victim girl-PW1 PW.3 Father of victim girl-PW1 •
FOR DEFENCE: - NONE –
EXHIBITS MARKED
FOR PROSECUTION:
Ex.P.1 The signature of PW1 on the Report lodged by PW1 with the police,
dated 19.02.2020
Ex.P.2 Sec.161 Cr.P.C., statement of PW.1. Ex.P.3 Sec.161 Cr.P.C., statement of PW.2. Ex.P.4 Sec.161 Cr.P.C., statement of PW.3.
FOR DEFENCE: - NIL-
FAC.Spl. Sessions Judge for trial of cases under Protection of Children from Sexual Offences Act, 2012-cum- Prl. District and
Sessions Judge, Jangaon.