The prosecution must establish guilt beyond reasonable doubt, and failures in evidence and investigation led to the appellant's acquittal in the absence of reliable testimony.

JUDGMENT :

P.Sam Koshy, J.

Heard Mr. E.Uma Maheshwar Rao, learned counsel for the appellant - accused and Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor for the respondent - State.

2. The instant is an appeal under Section 374(2) of Cr.P.C. filed by the appellant challenging the judgment of conviction dated 11.09.2024, in S.C.No.132 of 2019, passed by the Spl. Sessions Judge for Fast Tracking the Cases Relating to Atrocities Against Women-cum-XIII Addl. District and Sessions Judge, R.R. District at L.B. Nagar.

3. Vide the impugned judgment, the Trial Court found the appellant guilty for the offence punishable under Section 376(2)(f)(n) of INDIAN PENAL CODE , 1860 (for short, ‘IPC’) and sentenced him to undergo rigorous imprisonment for life with fine of Rs.5,000/-, and in default of payment of fine, to undergo simple imprisonment for a period of six months. The appellant was also found guilty for the offence punishable under Section 506 of IPC and was sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.100/-, and in default of payment of fine, to undergo simple imprisonment for a period of period of one month.

4. The case of the prosecution as per the charge-sheet is that PW.1, the de-facto complainant, filed a complaint on 25.04.2017 at about 21:40 hours stating that she resided with her divorced mother-PW.2. The appellant Colonel Rishi Sharma who was serving as an administrative officer at D.R.D.O. Shameerpet was reportedly a close friend of PW.2, the victim’s mother and had been a regular visitor to their residence since May, 2016. The appellant is also said to have developed a friendly relationship with the victim PW.1 and her brother PW.12, showing particular interest in PW.1. The appellant used to take the PW.1 out in his BMW car and Harley Davidson motorcycle by gaining trust of PW2. In January, 2017, PW.2 went on official tour to Kavali at Nellore as well as Tirupathi. Before PW.2 leaving for tour asked the appellant to stay at their house to look after her children PW.1 and PW.12 under his care, protection and guardianship. The appellant stayed at PW.2’s house at night. During midnight the appellant entered PW.1’s room and coerced her into sexual relation and also repeated the same the following morning. Thereafter, the appellant threatened PW.1 with dire consequences against revealing these incidents to anyone. Later, the appellant promised PW.1 to marry her. It is said that the victim did not disclose the offence to any person and somewhere in April, 2017 she went to her father’s house.

5. However, PW.1 informed to her father / PW.3 about missing her monthly periods as the stomach ache and when PW.3 took her to a nearby Medical Laboratory for medical examination it was detected that she is carrying 12 weeks of pregnancy and the same was conveyed to PW.2. Later, PW.1 informed about her pregnancy to the appellant who gave two options i.e. either to keep the child and live with him or to undergo an abortion. Further, PW.1 stated that the appellant had showed no remorse or responsibility while continuously expressing his love and desire for PW.1. Immediately thereafter, on 25.04.2017, PW.1 along with PW.2 and PW.3 lodged a complaint against the appellant for multiple instances of rape. Thereafter