APHC010717512018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3566]

(Special Original Jurisdiction)

FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL NO: 2612/2018 Between:

1. G ILAKALAGIRI, HINDU, R/O. KUKKALAGUDA VILLAGE, YERPEDU MANDAL, CHITTOOR DISTRICT.

...APELLANT AND

1. T HE STATE OF ANDHRA PRADESH, The Public Prosecutor, High Court of Telangana and A.P Hyderabad.

...RESPODENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to To present this Memorandum of grounds of Criminal Appeal Against the Judgment Passed in SPL.S.C.No.56 of 2015, in the Court of the I Additional Sessions Judge, at Mahaboobnagar on the following grounds among other.

Counsel for the Apellant:

1. VIRUPAKSHA DATTATREYA GOUDA

2. LEGAL AID Counsel for the Respodent:

1. PUBLIC PROSECUTOR (AP)

The Court made the following:

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE FRIST DAY OF MAY TWO THOUSAND AND TWENTY SIX SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY And THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL APPEAL No.2612 of 2018 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