THE HON’BLE SRI JUSTICE K.SURENDER AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL APPEAL No.1021 OF 2015 JUDGMENT: (per Hon’ble Sri Justice K.Surender)

This Criminal Appeal is filed aggrieved by the judgment dated 04.06.2015 in S.C.No.22 of 2014 on the file of the Special Judge for Trial of Cases under Protection of Children From Sexual Offences Act-cum-I Additional Sessions Judge, Warangal, convicting the appellant/ accused of the offence under Section 376(2)(i) of Indian Penal Code (Criminal Law (Amendment) Act), Section 5(m) r/w Sections 6 and 7 r/w Section 8 of the Protection of Children From Sexual Offences Act, 2012 (for short, ‘the POCSO Act’) and sentencing him to suffer imprisonment for life of the offence under Section 376(2)(i) of IPC (Criminal Law (Amendment) Act) and Section 5(m) r/w Section 6 of the POCSO Act and to pay fine of Rs.50,000/- and if the said amount is paid, the same shall be paid to the victim as compensation under Section 357 Cr.P.C., and in default of payment of fine, to suffer Simple Imprisonment for six months.

2. Heard Sri Mohammed Abdul Quadeer, Learned Legal Aid Counsel for the appellant/accused, and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent-State.

3. Briefly the case of the prosecution is that the appellant/accused, who belongs to the same village of the victim, was acquainted with victim girl-PW.1 aged about five years. On 14.04.2014, the parents of the victim girl, went to attend agriculture work. The victim girl/PW.1 and her sister were only present in the house. The appellant went to the house of the victim girl and while they were playing in front of their house, gave one rupee to the younger sister of victim. Then the victim girl also asked for money and the appellant asked the victim girl to come to his house, so that he would give money. The victim girl-PW.1 and her younger sister went to the house of the appellant/accused. The appellant gave one rupee to her younger sister and sent her out.

4. Appellant took the victim girl into his house, removed her clothes and also removed his pant and underwear and kept his penis on the lips of the victim and asked the victim to suck his penis. Then he slept on the victim and attempted to commit rape on her.

5. Further, according to victim girl-PW.1, when appellant tried to insert his penis in the place where she passes urine, she suffered pain and as such she cried. In the meanwhile, her younger sister also came. Both of them went to their house weeping. PW.2, the mother of the victim girl, after going to the house found PW.1 crying. PW.2 asked the victim girl the reason and PW.1 narrated the incident. PW.1 was taken to the Police Station and a written complaint – Ex.P1 was filed by PW.2. In the complaint, it was narrated that appellant/accused took PW.1 to his house and promised to give one rupee and thereafter laid her on bed and removed her clothes, his pant and his underwear and tried to put his penis under her abdomen. The victim girl was sent for examination by the police. The victim girl was examined by PW.4, who is the Civil Assistant Surgeon in CKM Hospital, Warangal. PW.4 found no external injuries on her body, but, on examination of her private parts, external genetalia was conjested and erythematous (reddish), hymen was found ruptured. PW.4 collected two swabs from vagina and also two smears and sent them for examination to the Forensic Science Laboratory (FSL). On receipt of FSL report, PW.4 opined that an attempt of rape was made on the victim and Ex.P2 is the preliminary report, Ex.P3 is the final report and Ex.P4 is the FSL report.

6. Having concluded the investigation, charge sheet was filed. Learned Special Judge, considering the evidence of PW.4 - the Civil Assistant Surgeon, victim girl- PW.1’s evidence corroborated by the complaint and testimony of mother of the victim and other witnesses, found that the appellant perpetrated the crime of raping the victim-PW.1, who was aged five years.