K. SURENDER
Balabathula Shiva Kumar @ Shiva – Appellant
Versus
State of Telangana, Rep. by its Public Prosecutor – Respondent
JUDGMENT :
1. This Criminal Appeal is filed by the appellant aggrieved by the judgment in SC No.131 of 2019 dated 10.02.2022 passed by the Special Sessions Judge for Fast-Tracking the Cases relating to Atrocities against women-cum-VIII Additional District and Sessions Judge at Khammam, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for a period of three years under Section 354-C of IPC. However the appellant was acquitted under Section 376(1) & 506 of IPC.
2. The case of the prosecution is that the victim/P.W.1 was running Vasavi Fancy Store at Enkoor. The appellant was running a photo studio opposite to the shop of the victim. He got acquainted with the victim and she became close and had sexual contact. They used to meet in the photo studio of the appellant. After carrying on her relation for over eight months, afraid of her family members, the victim wanted to change her behavior and kept the appellant away from sexual contact. On 30.07.2016 at about 8.00 p.m., the appellant called her to come to his studio to fulfill his sexual desire and asked why she was avoiding him. He warned her if she would not come that day, he would reveal the videotape
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