IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THIS THE NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.1818 of 2018 JUDGMENT: (Per the Hon’ble Sri Justice K.Suresh Reddy Sole accused in POCSO S.C.No.152 of 2016 on the file of the Court of Special Sessions Judge for Trial of the Cases under the Protection of Children from Sexual Offences Act, 2012-cum-I Additional Sessions Judge, East Godavari, Rajamahendravaram, is the appellant. He was tried by the learned Special Sessions Judge under the following charges:

The first charge was under Section 354-B IPC, The second charge was under Section 376(2)(i) IPC, The third charge was under Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012; and The last charge was under Section 3(2)(v) of the SCs & STs (Prevention of Atrocities) Act, 1989.

2. Substance of the charge is that on 17.05.2015 at about 6.00 p.m. the accused assaulted the victim girl-P.W.1, aged about 6 years, using criminal force, removed her clothes and committed rape on her, who belongs to Schedule Tribe, in his house situated at Uramvari Street, A.C. Gardens, Rajahmundry, and thereby committed offences punishable under Sections 354-B and 376(2)(i) IPC, Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “ POCSO Act ”); and under Section 3(2)(v) of the SCs & STs (Prevention of Atrocities)

Act, 1989 (for short “ SC ST Act ”)

3. After completion of trial, learned Special Sessions Judge convicted the appellant for the offence under Section 376(2)(i) IPC and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for six months. Learned Special Sessions Judge further convicted the appellant for the offence under Section 354-B IPC and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for six months. Learned Special Sessions Judge further convicted the appellant for the offence under Section 3(2)(v) of the SC ST Act and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for six months.

All the substantive sentences were directed to run concurrently.

4. Case of the prosecution, briefly, is as follows:

(i) P.W.1 is the victim girl. P.W.3 is mother of P.W.1 and they are residents of Visakhapatnam. The accused is resident of Rajahmundry. P.W.2 is younger sister of P.W.3 and she is also resident of Rajahmundry. During Summer vacation, P.W.3 along with her daughter went to the house of P.W.2. On 17.05.2015 at about 6.00 p.m. while P.W.1 along with her cousins were playing in front of house of P.W.2. The accused being neighbor, called them to his house on the pretext of giving chocolates. He kept two girls outside and took P.W.1 into his house. The accused removed the clothes of P.W.1 and committed rape on her. P.W.2 called the other two children and enquired about P.W.1, who revealed that the accused took her into his house. P.W.2 went to the house of accused and knocked the doors. The accused made P.W.1 to wear her dress. P.W.1 came out and informed P.W.2 about the acts committed by the accused. Thereafter P.W.1 also informed P.W.3 about the acts committed by the accused in detail. Immediately, P.W.2 along with P.W.1 went to police station and gave a report.

(ii) On the same day, P.W.7, Sub Inspector of Police, II Town L&O PS, Rajamahendravaram received Ex.P1 report from P.W.2 and registered a case in Crime No.170 of 2015 under Section 376(2)(i), 354-B IPC, Section 9(m) r/w 10 of POCSO Act and Section 3(2)(v) of SCs & STs (POA) Act, 1989. He issued copies of F.I.R to all the concerned. Ex.P8 is F.I.R.

On the same day, P.W.9, DSP, South Zone, Rajama