IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, B.V.L.N. CHAKRAVARTHI, JJ.
Dasari Sreenu, S/o. Koteswara Rao @ Kotaiah – Appellant
Versus
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature, at Hyderabad. - Respondent
Criminal Appeal No.66 of 2016
Decided on : 30-11-2022
Advocate Appeared:
For the Appellant : Sri. S.M. Subhan.
For the Respondent: Sri S. Dushyanth Reddy,
Headnote:
Indian Penal Code, 1860 - Section 376, [2][i] - Protection of Children From Sexual Offences Act, 2012 - Section 6, 42, 29 – Criminal Procedure Code, 1973 - Section 207, 313 – Offence of Rape - Sexual assault - Sole accused in Sessions Case is appellant - He was tried for offences punishable for causing sexual assault on victim girl - Held, She was subjected to medical examination, where doctor found fresh tear and bleeding - Therefore, without hesitation it can be said that prosecution has established its case beyond reasonable doubt - Victim girl is not only dumb and aged about nine years, but her mental age was found to be four years one month with corresponding I.Q of 45, suggestive of Moderate Mental retardation - For this reason only prosecution though that it may not be proper to the victim girl and even if she was examined she will not be in a position to give any answers having regard to her moderate mental retardation - Non-examination of victim girl in facts and circumstances, more so when identification of alleged victim is not in dispute, may not affect prosecution case - Appeal fails confirming conviction and sentence passed in Sessions Case – Appeal dismissed.
JUDGMENT :
C. Praveen Kumar, J.
Sole accused in Sessions Case No.66 of 2014 on the file of the Special Judge Constituted under Protection of Children From Sexual Offences Act-cum-I Additional Sessions Judge, Guntur, is the appellant herein. He was tried for the offences punishable under Section 376 [2][i] of Indian Penal Code, 1860 [for short, “I.P.C.”] and Section 6 of Protection of Children From Sexual Offences Act, 2012 [for short, “POCSO Act”] for causing sexual assault on the victim girl by name Aluri Kavya on 11.07.2014 at about 1.00 a.m. in the fields nearer to Subbareddy Colony, Guntur Rural.
2. By its judgment, dated 13.11.2015 the learned Sessions Judge convicted the accused for the offence punishable under Section 376 [2][i] I.P.C. and sentenced him to suffer Imprisonment for Life, which shall mean, imprisonment for the remaining period of the natural life of the accused and also to pay fine of Rs.1000/- in default, to suffer Simple Imprisonment for Three Months. But, however, no separate sentence was awarded for the offence under Section 6 of POCSO Act, in view of the Section 42 of the POCSO Act. Apart from that, the learned Sessions Judge directed the Government of Andhra Pradesh to pay compensation of Rs.2,00,000/- from the Victim Compensation Fund [VCF] which is constituted under A.P. Victim Compensation Scheme, 2015 vide G.O.Ms.No.43, dated 15.04.2015, within thirty days from the date of receipt of the judgment.
3. The facts, in issue, are as under:-
(a) P.W.1 is the father of the victim girl by name Aluri Kavya. P.W.2 is the mother of victim girl. P.Ws.3 to 7 are the residents of Subbareddinagar, Guntur. The victim girl was aged about nine years at the time of incident. She was a dumb girl. Apart from that the mental age of victim girl was around four years one month, with corresponding I.Q. of 45, suggestive of Moderate Mental retardation.
(b) On 11.07.2014, P.Ws.1 and 2 slept infront of their house, while their children slept inside the house. At about 1.00 a.m. P.W.1 woke up and found the light inside the house switched off. Then, he went inside the house and switched on the light, but found his elder daughter [victim] missing. He informed the same to P.W.2 and asked her to take care of the two children. Thereafter, P.W.1 along with P.W.3 went in search of his daughter. In the vacant site, they heard cries of his daughter from the said land, which is nearer to his house. As such, P.Ws.1 and 3 rushed to the said land and with the help of Torch Light saw the accused about to lie on the victim girl. P.W.1 raised cries and on hearing the same the accused ran away and hide himself in the bathroom of P.W.6. He was chased and apprehended the accused. Information about the same was given to the Police [P.W.16], who came to the said area, where the accused was handed over to the Police. They noticed bite marks on the chest, stomach, lips and private parts of the victim girl. At about 2.00 a.m. P.W.1 went to the Police Station and lodged a report. Basing on which, a case in Crime No.556 of 2014 of Nallapadu Police Station was registered under Sections 376-F I.P.C. and Section 4 and 8 of POCSO Act. Ex.P14 is the F.I.R.
(c) P.W.17-Inspector of Police, who took up investigation in this case, proceeded to the scene of offence and examined P.W.2, while he examined P.W.1 in the Police Station itself. He prepared a panchanama of the scene in the presence of P.Ws.7 and others which is placed on record as Ex.P2. He also got prepared a rough sketch of the scene which is marked as Ex.P15. He also examined P.Ws.3 to 6 and recorded their statements. He addressed a letter to the Superintendent of Police, Guntur Urban for deputing Woman Sub-Inspector for recording the statement of victim girl. P.W.12-Woman Sub Inspector, who was deputed to record the statement of victim girl, aged about nine years, could not record her statement as the victim girl was unable to give answers, as she is dumb and mentally retarded. P.W.17 got photographs of