THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL REVISION CASE No.17 of 2025

ORDER:

This Criminal Revision Case is filed before this Court with a prayer to set aside the judgment and conviction passed in Crl.A.No.3 of 2023 dated 10.12.2024 on the file of the I Additional District and Sessions Judge, at Mahabubnagar, preferred against the judgment and conviction passed in JCC.No.31 of 2020 dated 10.02.2023 before the Court of the Child Justice Board cum Judicial Magistrate of First Class, Mahabubnagar.

2. Brief facts of the case are that the revision petitioner, a student and child in conflict with law (for short ‘CCL’), preferred an appeal vide Crl.A.No.3 of 2023 under Section 52 of the Juvenile Justice (Care and Protection of Children) Act, 2015, challenging the conviction and sentence passed in JCC.No.31 of 2020 by the Juvenile Justice Board-cum-Judicial Magistrate of First Class for Child Cases, Mahabubnagar. The CCL was found guilty of offences punishable under Section 376(2)(n) of IPC and Section 5 read with 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He was directed to be sent to the Special Home for Boys, Hyderabad, for a period of three years to undergo reformative services, including education, counselling, skill development, behavioural therapy, and psychiatric support.

3. The case originated from Crime No.104 of 2019 registered by the CI of Police, Jadcherla Rural Circle, alleging that during his intermediate studies through Dr. B.R. Ambedkar Open University at Kalwakurthy, the CCL developed acquaintance with the minor victim. He proposed love to her, and in January 2019, under the pretext of marriage, took her to a secluded hillock near Appannapally village and engaged in sexual intercourse. It was alleged that such acts occurred on multiple occasions at the same location, despite his knowledge that the victim was a minor. In March 2019, the victim became pregnant and disclosed the same to the CCL in June 2019, requesting marriage. However, he evaded the proposal. On 02.09.2019, she again contacted him, but upon his refusal to marry her, she allegedly consumed pesticide on 03.09.2019 after being scolded by her father in the agricultural fields for neglecting her studies. She was shifted to Area Hospital, Badepally, and later to Government Hospital, Mahabubnagar, where she succumbed during treatment on

07.09.2019.

4. Post-mortem examination revealed six months' pregnancy, and DNA analysis confirmed the CCL as the biological father of the fetus. The cell phone and motorcycle allegedly used during the incidents were recovered pursuant to a confession-cum-seizure panchanama. The prosecution examined 17 witnesses and marked 22 exhibits, along with 2 material objects. The CCL denied the allegations during examination under Section 313 Cr.P.C. and did not adduce defence evidence. Though the trial Court found no sufficient evidence to establish charges under Sections 305 and 366-A IPC relating to abetment of suicide and kidnapping, it held the sexual assault charge proved based on oral testimony, medical findings, and DNA evidence, and accordingly, the CCL was convicted under Section 255(2) Cr.P.C. and sentenced as above.

5. The appellate Court, upon hearing both parties and perusing the record, confirmed the findings of the trial Court, holding that the DNA results were conclusive and established the culpability of CCL under Section 376(2)(n) IPC and Section 5 r/w 6 of the POCSO Act, 2012. It found no grounds to interfere with either conviction or sentence and dismissed the appeal on 10.12.2024, further directing cancellation of bail bonds and extending the benefit of Section 428 Cr.P.C. in computation of detention. Aggrieved thereby, this Criminal Revision Case is preferred.

6. Heard Sri K.Venkata Vara Prasad, learned counsel for revision petitioner, and Sri E.Ganesh, learned Assistant Public Prosecutor, appearing for respondent – State.

7. Learned counsel for revision petitioner contended that the jud