IMPORTANT POINT
The judgment underscores the importance of victim testimony and medical evidence in sexual assault cases, particularly involving minors, affirming strict liability under the POCSO Act.

JUDGMENT :

(Per the Hon’ble Sri Justice K.Sreenivasa Reddy)

This Criminal Appeal is preferred by the appellant/sole accused in Sessions Case No.48 of 2015 on the file of the I Additional Sessions Judge, Chittoor (hereinafter referred to, as ‘the Special Judge’).

Vide the impugned judgment dated 27.06.2016 in the aforesaid Sessions Case, the appellant herein/sole accused was found guilty of the charges under Section 376 (1) IPC and Section 4 of the POCSO Act, accordingly he was convicted of the said offences and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000/- in default to suffer simple imprisonment for a period of six months for the offence punishable under Section 376 (1) IPC and further sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- in default to suffer simple imprisonment for a period of six months for the offence punishable under Section 4 of the POCSO Act, 2012. Both the sentences were ordered to run concurrently.

2. Case of the prosecution, in brief, is that the accused is resident of Gandlapalle ST Colony village, Irala Mandal. The victim girl P.W.1 is daughter of L.W.10-Yanadhi Jyothi and one Perumalaiah. Husband of L.W.10-Jyothi discarded her husband and died. Later, she married L.W.11-Gajendra and they were blessed with a daughter and a son. About 15 days prior to the incident, L.Ws.8 and 9-parents of L.W.10-Jyothi took P.W.1 to Damalacheruvu Santhagate, Pakala mandal, and two days prior to 10.07.2015, they went to Talakona of Yerravaripalem mandal for labour work to cut mangoes, leaving P.W.1 with P.W.3. On the fateful day, the accused also attended labour work at mango garden of Damalacheruvu Saheb and returned Mango Nagar at about 7.30 PM, had liquor in Mango Nagar, purchased another nip and started proceeding towards Santhagate on foot. At about 8.00 PM, he reached Santhagate and found P.W.1 playing with other children. On seeking her, he had sexual feelings and induced her that her mother was calling her. Believing his words, P.W.1 boarded auto of P.W.5 along with the accused, who took her to High School gate, Damalacheruvu, alighted auto, paid amount to P.W.5 towards fare, purchased one biscuit packet in sundry shop and gave it to P.W.1, and proceeded towards Chittoor road side, on foot, catching hold of hand of P.W.1. After crossing the check post, the accused took her into Koneticheruru tank, got her consume liquor, and when she was under intoxication of alcohol, he lifted her to his waist, went into middle of the tank, laid her down, lifted her frock, removed his clothes and had forcible sexual intercourse lying on her. When P.W.1 raised hue and dry, he gagged her mouth and committed penetrative sexual assault. In the midnight, the accused dropped her at Santha gate and went away.

On 11.07.2015 at 10.00 AM, P.Ws.2 and 3 and another noticed legs of P.W.1 stained with blood. They woke up P.W.1 and questioned her. She revealed about the incident. Mean while, the accused came to Santhagate to take his bag kept Santhagate to go to coconut garden of Chengaiah of Gundlapalle ST Colony to harvest coconuts, and on that, he was caught and tied to bottom of a mango tree. On information, P.W.4-staff nurse of PHC, Damalacheruvu visited the spot, examined P.W.1 and ascertained penetrative sexual assault on P.W.1 and requested the villagers, who gathered there, to inform police and also 108 Ambulance to take the victim to Government Hospital for treatment.

On the strength of statement of P.W.1, a case in crime No.63 of 2015 of Pakala police station was registered for the offences punishable under Sections 376 (1) IPC and 4 of the POCSO Act, 2012. P.W.13-Inspector of Police examined P.W.1 in the presence of WHC 2050 S.A.Karimunnisa and recorded her statement under Section 161 CrPC, seized wearing apparel of the victim under cover of police proceedings, forwarded the victim to the District Headquarters Hospital, Chittoor for examination. He visited the scene of offence,