IMPORTANT POINT
The judgment reinforced the presumption of guilt in sexual offences against minors under the POCSO Act, emphasizing the importance of victim testimony and medical evidence in securing convictions.

JUDGMENT :

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

This Criminal Appeal is preferred by the appellant/sole accused in POCSO Sessions Case No.127 of 2015 on the file of the Special Sessions Judge for the trial of the cases under the POCSO Act, 2012 - cum - I Additional Sessions Judge, East Godavari at Rajahmundry (hereinafter referred to, as ‘the Special Judge’).

Vide the impugned judgment dated 14.07.2016, the appellant herein/sole accused was found guilty of the charge under Section 376 (2) (i) IPC and Section 5 (m) read with 6 of the POCSO Act and also of the offence under Section 376 (2) (i) read with 511 IPC and further under Section 5 (m) punishable under Section 6 read with 18 of the POCSO Act, and is accordingly convicted of the said offences and sentenced to suffer imprisonment for life, which shall mean imprisonment for remainder of his natural life, and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for one year, for the offence punishable under Section 376 (2) (i) IPC and 5 (m) read with 6 read with 18 of the POCSO Act. He is further sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for one year for the offence punishable under Section 376 (2) (i) read with 511 IPC and Section 5 (m) and 6 read with 18 of the POCSO Act. Both the sentences were ordered to run concurrently.

2. Case of the prosecution, in brief, is that the accused is resident of Ramisettipeta, Uppada village, U.Kothapalli mandal and was eking out his livelihood by catching and selling fish. P.W.2, who is victim No.1, is daughter of P.W.1. P.W.3, who is victim No.2, is daughter of P.W.4. Victims were studying 1st class in M.P.P. Elementary School, Suryaraopeta. The accused married one Jyothi about 13 years prior to the incident, and after giving birth to a son by name John, the said Jyothi died consuming poison. Thereafter, the accused married one Malleswari and they begot two children.

The accused and P.W.4 are friends and the accused used to go to house of P.W.4 and have meals. On 20.12.2014 at about 6.30 PM, the accused went to house of P.W.1 and had chit-chat with P.W.6, who is a physically challenged person, and promised him to provide a fish. The victims 1 and 2 were in the verandah of the house. At that time, P.W.7 was present in his house at Verandah. On seeing the victim girls, the accused hatched a plan to take them outside to fulfil his lust. The accused informed P.W.6 that he was taking the victim girls outside to provide them eatables (pappalu) from the shops. Believing the words of the accused, P.W.6 allowed him to take the victims, and the same was seen by P.W.7.

It is alleged that the accused took the victim girls towards Light House side on the beach road to fulfil his sexual desire, and at that time, P.W.5, who is younger sister of P.W.1, was proceeding to her house after completing cooli work and saw the accused at 7.00 PM on beach road at Suryaraopeta, nearby the place meant for calls of nature, but she could not identify the victim girls and thought that they were children of the accused. Between 7.00 PM and 8.45 PM on that day, the accused took the victim girls to Light House side on beach road, and by the side of the rubbish road, committed rape on the victim girls by aggravated penetrative sexual intercourse and caused vaginal grievous bleeding injury in the vagina of P.W.2 and vaginal injury to P.W.3, and spoiled their chastity.

At about 8.30 PM on 20.12.2014, P.W.1 went to the house of P.W.4 to enquire about her daughter as she thought that her daughter went to house of P.W.4. She asked P.W.6 about her daughter. On that, he stated that the victim girls were taken outside by the accused for arranging eatables. When she again went to house of P.W.4 at 9.00 PM, P.W.3 returned to house. On that, she returned to her immediately. At that time, she found P.W.2 sitting at the doorsill with tremor. When enquired, P.W.2 stated that ‘Aa abb