JUDGMENT:

(Per Sri Justice A. Hari Haranadha Sarma Introductory:-

1. [i] The sole accused in S.C.No.15 of 2014 on the file of the I Additional District and Sessions Judge, Chittoor is the appellant.

[ii] The appellant was tried and found guilty for the offences punishable under Sections 363, 302 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 [for short 'POCSO Act, 2012']. He was convicted and sentenced to suffer seven years Rigorous Imprisonment, also to pay fine of ₹1,000/- for the offence under Section 363 IPC; and was convicted and sentenced to undergo Life Imprisonment and to pay fine of ₹1,000/- for the offence under Section 302 IPC and also was convicted and sentenced to undergo Imprisonment for Life and to pay fine of ₹1,000/- under Section 6 of POCSO Act and in default to pay the fine amount directed to undergo Simple Imprisonment for a period of 6 months each for the said offence.

2. Questioning the conviction and sentence passed under the judgment dated 26.07.2018 passed by the learned Sessions Judge, present appeal is filed.

Case of the prosecution:-

3. [i] The Inspector of Police, Renigunta Rural Circle filed charge sheet against the sole accused/appellant herein.

[ii] A minor girl, aged about 6 years [hereinafter referred to as 'the deceased/victim girl'] is the daughter of PW.1 and LW.2-S.Parvathi. The deceased was studying first class in MPP school in Kukkalakunta Village of Yerpedu Mandal. On 08.09.2013 evening the victim girl went to the school to play with other children in the village and from 05.00 p.m. onwards she was found missing. Mother of victim girl LW.2-S.Parvathi searched and enquired with PW2, and LW4-E. Venkatamma told that they saw the missing minor girl talking with the accused at about 04.30 p.m. at elementary school and there were no others at that time. Thereafter, the accused also found missing from the village. They started to search for the accused also.

[iii] On 09.09.2013 at about 11.00 a.m. villagers- LW5-K.Subbarayulu, PW3, LW7-J.Subbaiah, PW.4 and PW.5 found accused. When they questioned him about the missing girl, he did not reply properly but managed to escape from them. On 09.09.2013 at about 06.30 p.m., a complaint under Ex.P1 was lodged by PW1, which is registered vide Crime No.107 of 2013 on Yerpedu Police Station under the caption 'girl missing'. Certain witnesses were examined. Rough sketch was prepared. Enquiries were made about the missing girl.

[iv] On 10.09.2013 during search the parents of the victim girl and other villagers, LW.5-K.Subbarayulu, PW5, LW10-M. Lakshmiya, LW11-P. Srinivasulu found the dead body of the deceased at about 08.00 a.m. in the sugarcane fields of one Bodugu Subramanyam situated behind MPP Elementary School, with injuries on the vagina and skin was eaten by the ants and insects. Immediately another complaint was lodged at 10 a.m. vide Ex.P2, basing on which the section of law was altered to 376 (2) (i), 376-A and 302 IPC, and further investigation was conducted by PW.12.

[v] PW.12 has visited the scene of offence and held inquest over the dead body in the presence of witnesses PW.1, PW.2, PW.3 and LW.2- S.Parvathi and LW4-E.Venkatamma, LW5-K.Subbarayulu and LW.7- J.Subbaiah and the Panchayathars -PW8, LW14-Ch.Kotaiah, LW15-G.Rama Murthy. The dead body of the deceased was sent to the Area Hospital, Srikalahasti for post mortem examination and the statements of witnesses PW.4, PW.5, LW.10-M.Lakshmaiah and LW.11-P.Srinivasulu were recorded by PW.12. PW.6- Thomara Lokaiah stated that on 11.09.2013 he saw the accused running from the sugarcane fields of one Bodugu Subramanyam on 08.09.2013 at about 05.00 p.m.

[vi] On 12.09.2013 at about 09.30 a.m., the accused voluntarily surrendered before PW.7 and made extra judicial confession admitting that he has committed rape and killed the deceased/victim girl and then accused was produced before PW.12 and thereafter, PW12 - investigation officer recorded the detailed confession statement of the