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2019 Supreme(Online)(Tel) 2663

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SHAMEEM AKTHER, J
SHAIK AHMED – Appellant
Versus
STATE OF A.P. REP. BY P.P. H.C. HYD. – Respondent


Advocates:
For the Appellants/Petitioners: Smt.C.Vasundhara Reddy
For the Respondents: Smt.J.Sridevi

JUDGMENT: (Per Hon’ble Dr. Justice Shameem Akther)

This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘ Cr.P.C ’), is filed by the appellant/accused, aggrieved by the judgment, dated 01.11.2012, passed in Sessions Case No.19 of 2012 by the Special Judge for trial of offences under S.Cs & S.Ts (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad, whereby, the appellant/ accused was found guilty of the offence punishable under Section 364A of IPC and sentenced to undergo Life Imprisonment and to pay fine of Rs.5,000/-, in default, to suffer Simple Imprisonment for one month.

2. In brief, the case of the prosecution is that P.W.1-Sanjay Gupta, the de facto complainant, is the father of P.W.2-Prateek Gupta, the victim boy. P.W.2 was studying VI standard in St.Mary’s High School, Rezimental Bazar, Secunderabad, on the date of incident. P.W.1 used to drop P.W.2 in the school in the morning and P.W.2 used to return to home from school by a regular auto. On 03.02.2011, P.W.2 went to a picnic organised by the school and returned to the school at 03:00 PM and waited till 04:00 PM at the school premises for the regular auto, but th

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