The conviction for sexual offences against minors can rely on circumstantial evidence and victim testimony, reinforced by medical reports, even amidst witness hostility.

JUDGMENT :

K. LAKSHMAN, J.

1. Heard Mr. Naraparaju Avaneesh, learned counsel for appellant - accused and Dr. S. Prashanth, learned Assistant Public Prosecutor appearing on behalf of the respondent.

2. This appeal is filed challenging the judgment dated 09.01.2024 in S.C. No.542 of 2016 passed by learned Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Medchal - Malkajgiri District at Kushaiguda.

3. Vide the aforesaid judgment, the trial Court convicted the appellant - accused for the offences under Sections - 448 and 506 of IPC and Section - 4 (2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 (for short ‘POCSO Act, 2012’) and accordingly sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000 (Rupees Five Thousand Only) and in default to undergo simple imprisonment for a period of two (02) months for the offence under Section - 4 (2) of POCSO Act, 2012. He was further sentenced to undergo six (06) months and to pay a fine of Rs.1,000/- (Rupees One Thousand Only) for the offence under Section - 448 of and in default, to undergo simple imprisonment for a period of one (01) month. He was also sentenced to undergo imprisonment for a term of seven (07) years and to pay fine of Rs.5,000 (Rupees Five Thousand Only) for the offence under Section - 506 of and in default, he shall undergo simple imprisonment of two (02) months.

4. It is the case of rape on a minor girl by the appellant herein. The case of the prosecution is that PW.2 is the victim and daughter of PW.1. PW.3 and LW.6 are her grandparents. PW.4 is the Member of Child Welfare Committee (CWC), Rangareddy District. PW.5 is the circumstantial witness:

i) The accused was working as Security Supervisor and uncle in relation to the victim girl (PW.2), who was pursuing 7^th Class in St. Johns High School at Neredmet. Her father died four (04) years back. She was living along with her mother (PW.1) at Nirmal Nagar. Her mother was doing tailoring work.

ii) On 12.04.2015 in the noon time at about 14:30 hours, when the victim girl was alone at home, while her mother and brother went to Church and grandparents were also out of the house, the accused came to her house and asked her to give Aadhar Card. When the victim girl went inside the bedroom, the accused entered the room, bolted inside the door, forcibly committed rape on her and threatened her not to disclose the matter to anyone.

iii) Due to fear the victim girl could not reveal the same to anyone. When she felt pain on 20.04.2015, she informed her mother. On the next day, her mother informed the matter to her in-laws. As there was no response from her in-laws, she reported the same to CWC through PW.5, who in turn lodged a complaint with the Police, Kushaiguda Police Station, who registered a case in Crime No.289 of 2015 against the appellant herein and took up the same for investigation.

iv) On completion of investigation, PW.9 filed a charge sheet against the appellant herein. The same was committed to the trial Court, which has taken on file as S.C. No.542 of 2016.

5. The trial Court framed charges for the offences under Sections - 448 and 506 of IPC and Section - 4 of the POCSO Act, 2012 against the accused and then proceeded with trial.

6. During trial, PWs.1 to 9 were examined, Exs.P1 to P10 were marked and no material objects were exhibited. No evidence either oral or documentary was let in on behalf of the accused.

7. After completion of evidence on behalf of t