I N THE HI GH COURT FOR THE STATE OF TELANGANA ::HYDERABAD::

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CRI MI NAL APPEAL No.946 of 2024 Between:

Colonel Rishi Sharma.

Appellant VERSUS The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad.

Respondent JUDGMENT PRONOUNCED ON: 01.05.2025 THE HONOURABLE SRI JUSTI CE P.SAM KOSHY AND THE HONOURABLE SRI JUSTI CE N.TUKARAMJI

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes

2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes _____________ P.SAM KOSHY, J _____________ N.TUKARAMJI , J * THE HONOURABLE SRI JUSTI CE P.SAM KOSHY AND THE HONOURABLE SRI JUSTI CE N.TUKARAMJI + CRI MI NAL APPEAL No.946 of 2024 % 01.05.2025 # Between:

Colonel Rishi Sharma.

Appellant VERSUS The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad.

Respondent ! Counsel for Appellant :: Mr. E.Uma Maheshwar Rao Mr. Enuganti Sudhanshu Mr.Nikhil Chainani Ms.Anishka Vaishnav ^ Counsel for respondent :: Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor.

> HEAD NOTE:

? Cases referred

1) (2003) 3 SCC 175 2) (2011) 7 SCC 130 3) (2012) 7 SCC 171 4) (2008) 15 SCC 133

5) (2012) 8 SCC 21

6) (2020) 3 SCC 443

7) 2025 SCC OnLine SC 78

8) 1993 SCC (Cri) 860

9) (1984) 4 SCC 116 10) (2013) 7 SCC 192

11) (1952) 2 SCC 71

12) 1989 Supp (2) SCC 706

13) (1996) 10 SCC 193 14) (2006) 10 SCC 172 15) (2008) 3 SCC 210 16) (2010) 8 SCC 593 17) (2015) 7 SCC 178 THE HONOURABLE SRI JUSTI CE P.SAM KOSHY AND THE HONOURABLE SRI JUSTI CE N.TUKARAMJI CRI MI NAL APPEAL No.946 of 2024

JUDGMENT

(per the Hon’ble Sri Justice P.Sam Koshy)

Heard Mr. E.Uma Maheshwar Rao, learned counsel for the appellant - accused and Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor for the respondent - State.

2. The instant is an appeal under Section 374(2) of Cr.P.C. filed by the appellant challenging the judgment of conviction dated 11.09.2024, in S.C.No.132 of 2019, passed by the Spl. Sessions Judge for Fast Tracking the Cases Relating to Atrocities Against Women-cum-

XIII Addl. District and Sessions Judge, R.R. District at L.B. Nagar.

3. Vide the impugned judgment, the Trial Court found the appellant guilty for the offence punishable under Section 376(2)(f)(n) of Indian Penal Code, 1860 (for short, ‘IPC’) and sentenced him to undergo rigorous imprisonment for life with fine of Rs.5,000/-, and in default of payment of fine, to undergo simple imprisonment for a period of six months. The appellant was also found guilty for the offence punishable under Section 506 of IPC and was sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.100/-, and in default of payment of fine, to undergo simple imprisonment for a period of period of one month.

4. The case of the prosecution as per the charge-sheet is that PW.1, the de-facto complainant, filed a complaint on 25.04.2017 at about 21:40 hours stating that she resided with her divorced mother-PW.2. The appellant Colonel Rishi Sharma who was serving as an administrative officer at D.R.D.O. Shameerpet was reportedly a close friend of PW.2, the victim’s mother and had been a regular visitor to their residence since May, 2016. The appellant is also said to have developed a friendly relationship with the victim PW.1 and her brother PW.12, showing particular interest in PW.1. The appellant used to take the PW.1 out in his BMW car and Harley Davidson motorcycle by gaining trust of PW2. In January, 2017, PW.2 went on official tour to Kavali at Nellore as well as Tirupathi. Before PW.2 leaving for tour asked the appellant to stay at their house to look after her children PW.1 and PW.12 under his care, protection and guardianship. The appellant stayed at PW.2’s house at night. During midnight the appellant entered PW.1’s room and coerced her into sexual relation and also repeated the same the following morning. Thereafter, the appellant threate