Telangana High Court
Dasari Srikanth vs The State Of Telangana on 27 June, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.178 OF 2021
JUDGMENT:
1. This Criminal Appeal is filed aggrieved by the judgment in S.C.No.167 of 2017 dated 09.04.2021 passed by the II Additional Sessions Judge-cum-Special Fast Track Court for Disposal of Rape and POCSO Act Cases, Suryapet.
2. The case of the prosecution is that the appellant was following P.W.1, who was studying in polytechnic from one year prior to lodging of the complaint, expressing his love for her. The matter was placed before the elders and for two or three months, the accused did not follow her. However, he again went to the college. The same was informed to the parents of P.W.1. The appellant came in a drunken condition and proposed love to her at her house. On 28.06.2017, when P.W.1 and P.W.3(father) went to fields, the appellant went to the house and insisted P.W.1 to love him, failing which he threatened to kill her. Aggrieved by the same, written complaint was filed on 01.07.2017. On the basis of the said complaint, crime was registered for the offences under Sections 354- D and Section 506 of IPC and Section 11 r/w 12 of Protection of Children from Sexual Offences Act, 2012.
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3. Having examined the witnesses P.Ws.1 to 10 and marking Exs.P1 to P8, learned Sessions Judge found that the appellant was guilty for the offences under Section 354-D of IPC and Section 506 of IPC. Accordingly, sentenced appellant to two years imprisonment and also to pay fine of Rs.1,000/-, further appellant was also sentenced to undergo simple imprisonment for six months and to pay fine of Rs.500/- for the offence under Section 506 of IPC.
4. Learned counsel appearing for the appellant would submit that except P.Ws.1 and 3, all the other witnesses have turned hostile to the prosecution case. There is no corroboration to whatever is stated by P.W.1/victim. In the absence of any independent corroboration, the version cannot be believed. In fact, there are several inconsistencies in the statements of P.Ws.1 and 3. The ingredients of Section 354-D are also not attracted in the present facts of the case. Only asking to marry will not amount to an offence under Section 506 of IPC. For the said reason, the appeal has to be allowed.
5. On the other hand, learned Public Prosecutor would submit that P.W.1 has categorically stated that the appellant was following her over a period of one year. The said statement would suffice to record conviction.
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6. P.W.1 has stated that this appellant was following her over a period of one year whenever she goes to school and repeatedly asking to love him and also proposed to marry her. The said act of continuously following P.W.1 and asking to marry him and also threatening to kill her, if she does not love him, squarely falls within the definition of stalking under Section 354-D of IPC. The same is reproduced as under:
"1) Any man who--
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman;"
7. It is evident from the plain reading of the provision that when any woman shows any disinterest, however, the person follows her repeatedly and tries to foster personal interaction satisfies the ingredients of Section 354D IPC. As such, the conviction has to sustain.
8. Learned counsel appearing for the appellant would submit that the appellant is student and requested to reduce the sentence of imprisonment. Keeping in view that there was never any kind of physical harm that was done and also keeping in view the age of the appellant, this Court deems it appropriate to reduce the sentence of imprisonment to three months.
9. Accordingly, the Criminal Appeal is partly allowed reducing the sentence of imprisonment under both counts to three months. The trial 4 Court is directed to cause the appearance of the appellant and send him to prison to serve out the sentence. The period of remand, if any, shall be set off under Section 428 of Cr.P.C. Consequently, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 27.06.2023 kvs 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 178 OF 2021 Dt. 27.06.2023 kvs