SC.(POCSO) No.41 OF 20251dt:24.03.2026
IN THE COURT OF FAST TRACK SPECIAL COURT FOR
EXPEDITIOUS TRIAL AND DISPOSAL OF RAPE AND POCSO
ACT CASES AT GADWAL.
TUESDAY, ON THIS THE 24 th DAY OF MARCH, 2026.
PRESENT:- Sri.V.Srinivas, Special Sessions Judge, FTSC for Expeditious Trial and Disposal of Rape and POCSO Act Cases, at Gadwal.
SC(POCSO)No.41 of 2025
in
Crime No. 58 of 2025
of Maldakal Police Station.
1. Name of the complainant:XXXX. 2.Name of the accusedA1V.Naveen S/o.V.Thimmappa, Aged 22 years, Caste: Vaddera, Occ: Student, R/o.Amarvai village of Maldakal Mandal. A2Vadde Shiva Prasad S/o. Vadde Yellapa, Aged 25 years, Caste: Vaddera, Occ: Meson, R/o. H.No.1-114, Putandoddi village of Yerravally Mandal. 3.Date of offence:21.03.2025. 4.Offence Under Section:U/sec. 87, 64 (2), (m) of BNS Sec. 5(l) R/w. Sec. 6 of POCSO Act, 2012, U/sec. 9 and 10 of Child Marriage Act, 2006. 5.Date of Charge sheet:26.06.2025. 6.Date of FIR:23.03.2025. 7.Date of Framing of Charges:27.02.2026. 8.Date of commencement of :05.03.2026. evidence 9.Date on which Judgment is :23.03.2026. reserved
10. Date of the Judgment:24.03.2026.
11. Sentence order:In the result, the accused No.1 is found not guilty for the offence punishable U/sec. 87, 64 (2), (m) of BNS, Sec. 5(l) R/w. Sec. 6 of POCSO Act, 2012 and U/sec. 9 and 10 of Child Marriage Act, 2006 and the accused No.2 is found not guilty for the offence U/sec. 64 (2)(m) R/w.
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20252dt:24.03.2026
Sec. 49 of BNS, U/sec. 5 (l) R/w. Sec. 6 R/w. Sec. 16 R/w. Sec. 17 of POCSO Act, 2012 and they are acquitted for the same U/s. 258 of BNSS. The case property marked under M.O.No.1 (VIVO V 29 Mobile Phone) and 2 (One Plus Mobile Phone) ordered to be return to the accused No.1 and 2 respectively and the un-marked case property i.e., the motor cycle bearing Registration No. TS 33 G 8638 order to be return to the owner of the motor cycle. The remaining un-marked case property i.e., Gold Pusta Bottu and Toe Rings order to be return to the PW1 after expiry of appeal period.
12.Prosecution conducted by:Sri. K.Vijaya Kumar. Spl. Public Prosecutor. 13.Accused defended by:Sri. K.Krishna Mohan Reddy, Advocate for Accused No. 1 and Sri. E.Suresh Goud, Adovcate
for Accused No.2.
ACCUSED DETAILS
Rank of Name of Date Date of Offences Whether Sentence ImposedPeriod of the Accusedof Release charged withAcquitted detention AccusedArreston Bailor undergon convictede during Trial for purpose of section 428 CrPC V.Naveen.U/sec. 87, 64 (2), (m) of In the result, the accused No.1 is found A105.05.202523.05.2025. Acquittal- BNS Sec. 5(l) R/w. Sec. 6 not guilty for the offence punishable of POCSO Act, 2012, U/sec. 87, 64 (2), (m) of BNS, Sec. 5(l) A2VaddeShiva U/sec. 9 and 10 of Child Prasad.Marriage Act, 2006.R/w. Sec. 6 of POCSO Act, 2012 and U/sec. 9 and 10 of Child Marriage Act, 2006 and the accused No.2 is found not guilty for the offence U/sec. 64 (2)(m) R/w. Sec. 49 of BNS, U/sec. 5 (l) R/w. Sec. 6 R/w. Sec. 16 R/w. Sec. 17 of POCSO Act, 2012 and they are acquitted for the same U/s. 258 of BNSS. The case property marked under M.O.No.1 (VIVO V 29 Mobile Phone) and 2 (One Plus Mobile Phone) ordered to be return to the accused No.1 and 2 respectively and the un-marked case property i.e., the motor cycle bearing Registration No. TS 33 G 8638 order to be return to the owner of the motor cycle. The remaining un-marked case property i.e., Gold Pusta Bottu and Toe Rings order to be return to the PW1 after expiry of appeal period. This case has come before me on 23.03.2026 for final hearing in the presence of the Learned Spl. Public Prosecutor for the State and Sri. K.Krishna Mohan Reddy Advocate for Accused No.1 and Sri.E.Suresh Goud, Advocate for the Accused No.2 and considering the arguments and material on record, having stood over for consideration till this day, this court delivered the following:
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20253dt:24.03.2026
:: J U D G M E N T ::
In brief the prosecution case is that, on 23.03.2025 at about 09:00AM the complainant lodged a complaint alleging that, she is having one daughter and one son. On 21.03.2025 at about 09:00AM after having breakfast at her house she left to agriculture work at that time her son and her daughter (herein after referred as the victim girl) were in the house. In the evening hours she returned to the house and found that her daughter not appeared in the house. She enquired with her son about the victim girl for which he replied that the victim girl by informing to him she went to her friends house. The complainant searched for her daughter at known places but she was not traced out. From the date of missing of the victim girl one Vadde Naveen (herein after referred as the accused No.1) also missing from the village. Therefore, the complainant suspecting that the accused No.1 might have kidnapped the victim girl, filed complaint against him for necessary action.
2.Initially, based on the contents of the complaint, the SHO of
Maldakal police station registered a case in Cr. No. 58 of 2025 for the offence U/sec. 137 (2) of BNS and took up the investigation.
During the course of investigation he traced out the victim girl at the house of the accused No. 2 at Sangareddy, brought the victim
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20254dt:24.03.2026 girl from the said location to the police station and got recorded her statement through woman police officer wherein the victim girl has revealed about her love affair with the accused, the same came to know by her mother. She also revealed about engagement of her marriage with her relative, inspite of there is no interest to the victim girl. The victim girl has stated that the accused and herself planned to elope and as per their plan on 21.03.2025 she along with the accused No.1 went to Sanga Reddy where they have stayed at the house of the accused No.2 and the accused No.1 married the victim girl and they have participated in sex at the room of the accused No.2 several times.
3.Basing on the statement of the victim girl the investigation officer added section 87, 64 (2)(m), Sec. 49 of BNS, Sec. 5 (l) R/w.
Sec. 6 and Sec. 16 R/w. Sec. 17 of POCSO Act, 2012 and Sec.9 and 10 of Child Marriage Act, 2006. Thereafter send the victim girl for medical examination where the lady medical officer examined the victim girl and preserved the vaginal swabs to send the same to the
FSL for DNA profile of Semen and Spermatozoa if found in the vaginal swabs of the victim girl. Thereafter the investigation officer effected arrest of the accused No.1 and 2 and in the presence of two mediators confession statement of the accused No.1 and 2 was
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20255dt:24.03.2026 recorded and seized mobile phones of the accused No.1 and 2 and one motor cycle from the possession of the accused No.1 under cover of panchanama and after completion of the investigation filed charge sheet against the accused No.1 and 2.
4.The Hon’ble I-Addl. District and Sessions Judge, Jogulamba
Gadwal District, took cognizance of the case for the offence U/sec.
87, 64 (2)(m) of BNS Sec. 5(l) R/w. Sec. 6 of POCSO Act, 2012 and
U/sec. 9 and 10 of Child Marriage Act, 2006 and the case was transferred to this court for trial and disposal as per the Law.
5.On appearance of the accused, copies of documents upon which the prosecution is relied are furnished to the accused. Upon hearing the Spl. Public Prosecutor and defence counsel, based on the material on record, charge for the offence U/sec. 87, 64 (2)(m) of
BNS Sec. 5(l) R/w. Sec. 6 of POCSO Act, 2012 and U/sec. 9 and 10 of Child Marriage Act, 2006 framed and explained to the accused for which they pleaded not guilty and claimed to be tried.
6.During the trial, the prosecution has examined PW1 to PW3, out of 18 cited witnesses and marked Ex.P1 to P16 documents and
M.O.No.1 and 2 material objects.
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20256dt:24.03.2026
7.After closure of the evidence of prosecution, accused were examined under Section 351 BNSS and explained the incriminating evidence which found in the evidence of prosecution witnesses for which they denied and reported no defence evidence.
8.Heard, the learned Special Public Prosecutor and defence counsel.
9. Now the point for consideration is:-
Whether the prosecution has proved the guilt of the accused beyond reasonable doubt for the offence punishable U/sec.
87, 64 (2), (m) of BNS Sec. 5(l) R/w. Sec. 6 of POCSO Act, 2012, U/sec. 9 and 10 of Child Marriage Act, 2006?
10. Point:- The prosecution in order to establish the allegations against the accused No.1 and 2 it has examined PW1 to PW3 out of them
PW1 is the complainant and mother of the victim girl, PW2 is the victim girl and PW3 is one of the investigation officer.
11.On examination of PW1 she has deposed that the victim girl is her younger daughter. She further deposed that she is having acquaintance with the accused as he belongs to village of the complainant. She further deposed that about one year back her younger daughter found missing, hence she went to police station to lodge complaint with the police. She further stated that she has
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20257dt:24.03.2026 not lodged complaint with the police, her son in law lodged the complainant with the police. She further stated that her son in law obtained her signature on some papers and the said papers taken to the police station. PW1 identified her signature appearing on the complaint therefore the same is marked under Ex.P1.
12.As per the allegations in the charge sheet and evidence of the investigation officer who is examined as PW3, the complainant (PW1) lodged complainant with the police, but PW1 herself denying that she lodged complainant with the police. Interestingly, PW1 has stated that her son in law obtained her signature on some papers and he has taken the said papers to the police station for lodging the complainant. The above said evidence of PW1 completely contradicting the case of the prosecution and destroying the entire prosecution case.
13.PW2 who is the victim girl in this case she has stated that in the year 2025, her parents performed her marriage engagement during her minority therefore she has left from her parents and went to her friends house. She further stated that out of suspicious, her parents have filed complaint against the accused.
She further stated that she has given her statement before the
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20258dt:24.03.2026 police as well as before the magistrate out of pressure by implicating the accused. She further stated that she has not given a voluntary statement before the magistrate.
14.Since PW1 and PW2 did not supported the prosecution case therefore the Learned Spl. Public Prosecutor declared the witness hostile and sought permission of the court for cross examination of
PW1 and PW2. During the cross examination, it was suggested with regarding to their allegations in their statement before the police as well as the magistrate but PW1 and PW2 denied to have stated as in Ex.P2 to P4 that the accused No.1 has taken away the victim girl and got married and he kept the victim girl in the house of accused No.2 and participated in sex. Since PW1 and PW2 did not supported the prosecution case therefore the learned Spl.
Public Prosecutor given up the evidence of the remaining witnesses, except the investigation officer evidence. The investigation officer is examined as PW3 who in his evidence he has deposed what he has done during the course of investigation.
According to the investigation officer PW1 has lodged complaint based on the said complaint FIR was issued and investigation was set into motion. During the course of investigation he traced out the victim girl at the house of the accused No.2 at Sangareddy, where
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 20259dt:24.03.2026 the accused No.1 had sexual intercourse with the victim girl. But the above said alleged statement of the victim girl was contradicted by the victim girl herself and she denied about occurrence of the above said incident. The victim girl and the complainant in this case who are material witnesses they themselves did not supported the prosecution case therefore much weight cannot be attached to the evidence of the investigation officer.
15.As seen the entire evidence on the record and the documents marked under Ex.P1 to P16 and Material objects marked under
M.O.No.1 and 2 which are not connecting the accused No.1 and 2 with this crime, therefore it can be hold that the prosecution failed to prove guilt of the accused beyond reasonable doubt. Hence the accused No.1 and 2 are entitled to be acquittal.
In the result, the accused No.1 is found not guilty for the offence punishable U/sec. 87, 64 (2)(m) of BNS, Sec. 5(l) R/w.
Sec. 6 of POCSO Act, 2012 and U/sec. 9 and 10 of Child Marriage
Act, 2006 and the accused No.2 is found not guilty for the offence
U/sec. 64 (2)(m) R/w. Sec. 49 of BNS, U/sec. 5 (l) R/w. Sec. 6 R/w.
Sec.16 R/w. Sec.17 of POCSO Act, 2012 and they are acquitted for the same U/s. 258 of BNSS. The case property marked under
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 202510dt:24.03.2026
M.O.No.1 (VIVO V 29 Mobile Phone) and M.O.No.2 (One Plus
Mobile Phone) ordered to be return to the accused No.1 and 2 respectively and the un-marked case property i.e., the motor cycle bearing Registration No. TS 33 G 8638 order to be return to the owner of the motor cycle. The remaining un- marked case property i.e., Gold Pusta Bottu and Toe Rings order to be return to the PW1 after expiry of appeal period.
Typed to dictation to Steno, corrected and pronounced by me in open court on this the 24th day of March, 2026.
Special Sessions Judge, FTSC for Expeditious Trial and Disposal of Rape and POCSO Act Cases, at Gadwal.
APPENDIX OF EVIDENCE WITNESSES EXAMINED
List of Prosecution/Defense/Court Witnesses:
A. Prosecution:
Prosecution Name of the Witnesses Description Witness No. PW1XXXXMother of the Victim Girl.
PW2XXXXVictim Girl.
PW3Tanguturi Srinu.Investigation Officer.
B. Defence witnesses, if any:
Prosecution Name of the Description
Witness No. Witnesses
-Nil--Nil--Nil-
C.Court Witnesses, if any: -
Prosecution Name of the Description
Witness No. Witnesses
-Nil--Nil-Nil-
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 202511dt:24.03.2026
LIST OF PROSECUTION/DEFENCE/COURT
EXHIBITS
A. Prosecution :
Exhibit Description of the ExhibitProved by/ No.Attested by Ex.P1Signature on the complaint of PW1PW1 Ex.P2Sec.180 of BNSS Statement of PW1PW1 Ex.P3 Sec. 180 of BNSS Statement of PW2PW2
Ex.P4 Sec.183 of BNSS Statement of PW2PW2
Ex.P5Complaint.PW3
Ex.P6FIR. PW3
Ex.P7First Scene of offence panchanama.PW3
Ex.P8Section Alteration Memo.PW3
Ex.P9Bonafide Certificate.PW3
Ex.P10Relevant portion of confession cum PW3 seizure panchanama. Ex.P11Potency Test Certificate.PW3
Ex.P12Second scene of offence panchanama. PW3
Ex.P13Third Scene of offence panchanama.PW3
Ex.P14Medical Examination Report.PW3 Ex.P15FSL Report.PW3 Ex.P16Final Opinion. PW3
B.Defence:- Exhibit No.Description of Proved the Exhibitby/Attested by -Nil--Nil--Nil-
C.Material Object :-
Exhibit No.Description of Proved the Exhibitby/Attested by M.O.No.1VIVO V 29 PW3 Mobile Phone M.O.No.2One Plus Mobile PW3 Phone
Special Sessions Judge, FTSC for Expeditious Trial and Disposal of Rape and POCSO Act Cases, at Gadwal.
Spl.SJ, POCSO Court, Gadwal.
SC.(POCSO) No.41 OF 202512dt:24.03.2026
Spl.SJ, POCSO Court, Gadwal.