Andhra Pradesh High Court - Amravati
Patan Khaja Khan, Kurnool Town., vs The State Of Ap., Rep Pp., on 3 April, 2025
Author: K.Suresh Reddy
Bench: K Suresh Reddy
APHC010177362017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3528]
(Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K SURESH REDDY
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL APPEAL NO: 405/2017
Between:
Patan Khaja Khan, Kurnool Town., ...APPELLANT
...AP
AND
The State of A.P.,
.P., Rep. by its Public Prosecutor ...RESPONDENT
...RESPO
Counsel for the Appellant:
ellant:
1. C V R RUDRA PRASAD
2. LEGAL AID
3. -
Counsel for the Respondent:
dent:
1. PUBLIC PROSECUTOR (AP)
The Court made the following:
JUDGMENT:(Per Hon'ble Sri Justice K.Suresh Reddy) Sole accused in POCSO S.C.No.5 of 2016 on the file of I Additional Sessions Judge, Kurnool,, is the appellant. He was tried by the learned Additional Sessions Judge under three charges.
First charge was under Section 363 IPC, second charge was under Section 376(2)(i) 3 IPC, and 2 third charge was under Section 5(1) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').
2. Substance of the charge is that on 18.07.2015 at about 08.00 P.M., the accused kidnapped the victim girl PW.2 at Khadakpura Street, Kurnool Town, and took her to his house and committed aggravated penetrative sexual assault thrice cruelly on her, thereby committed the offences punishable under Sections 363 IPC, 376(2)(i) IPC, and Section 5(1) r/w Section 6 of the POCSO Act.
After completion of the trial, the learned Additional Sessions Judge convicted the appellant under Section 363 IPC and sentenced him to suffer Rigorous Imprisonment for a period of seven years and also to pay a fine of Rs.1,000/-, in default to suffer Simple Imprisonment for a period of two months. He was also convicted under Section 376(2)(i) IPC and was sentenced to undergo imprisonment for LIFE, which shall mean imprisonment for the remainder i.e., rest of his natural life, and also to pay a fine of Rs.1,000/-, in default to suffer Simple Imprisonment for a period of two months. As the appellant was convicted under Section 376(2)(i) IPC, no separate sentence is recorded under Section 5(1) r/w Section 6 of the POCSO Act. Both the sentences imposed on the appellant were directed to run concurrently.
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3. Case of the prosecution, briefly, is as under:
(a) PW.1 is the father of the victim girl PW.2. PW.2 is aged about 7 years on the date of offence and they are residents of Khadakpura Street, Kurnool. Accused is also residing in the same area. PWs 3 & 4 are the children, who are the neighbours of victim girl. PWs 5 to 9 are residents of the same locality. PW.10 is the Doctor who treated the victim girl PW.2. PWs 11 and 13 to 16 are the police officials. PW.12 is the Assistant Professor who examined the accused and issued Potency certificate Ex.P10. PW.1 along with family was residing at Khadakpura street, Kurnool. He was blessed with two daughters and one son. The victim girl aged about 7 years is his eldest daughter and she is studying first class in KVR English Medium School. On 18.07.2015, while the victim girl PW.2 was playing with other children PWs 3 & 4 in front of their house at about 08.00 P.M., the accused approached them and offered chocolates to PWs 3 & 4, but they refused to accept them. Then, he approached PW.2 and offered chocolates, and she also refused. Then, the accused caught hold of the hands of PW.2 and took her to the upstairs of his house. Then, the accused beat her with a stone on the forehead and bite on both sides of the chest and also various parts of the body. Thereafter, the accused removed the clothes of PW.2 and committed aggravated penetrative sexual assault on the whole night by confining her in his house. On the next day morning, the accused opened the door and PW.2 was proceeding to her house. In the meanwhile, as the whereabouts of PW.2 were not known, PW.1 along with others searched for her during the previous night. On the next day 4 morning at about 07.00 A.M., PW.1 went and asked PWs 3 & 4 about PW.2.
PWs 3 & 4 informed him that on the previous night, the accused came there and offered chocolates, for which they refused. Thereafter, the accused caught hold of the hand of PW.2 and took away. On that information, when they were searching for PW.2 along with others, they found victim girl PW.2 coming from the house of the accused by crying. Immediately, PW.1 and others enquired her where she has gone. PW.2 informed PW.1 and others stating that the accused took her to his house and committed aggravated penetrative sexual assault on the whole night. She narrated the entire offence committed by the accused. She also stated that after committing the offence by the accused, she fell unconscious. After getting consciousness, when the accused opened the doors, she came out. PW.1 further stated that when he along with others observed the victim girl, they found the bleeding injuries on her person. Having come to know about the incident, PW.1 went to the police station and gave a report.
(b) On 19.07.2015 at about 10.00 A.M., PW.15 Circle Inspector of Police, Kurnool I Town Police Station, received Ex.P1 from PW.1 and registered a case in Cr.No.76/2015 under Sections 366, 376-A IPC and Section 5 r/w 6 of the POCSO Act and issued copies of F.I.R.s to all the concerned. Ex.P11 is the F.I.R. Immediately, he went to the scene of offence, along with PW.1, i.e., the house of accused. He recorded statements of PWs 1 & 3 to 5. He seized MOs 1 and 2 blood stained clothes in the presence of PW.9 and another under a cover of Panchanama Ex.P4. He also 5 prepared a rough sketch Ex.P12 at the scene of offence. Later, he went to G.G.H., Kurnool, where the victim girl was admitted and instructed PW.11 Women Inspector to record statement of the victim girl. PW.11 Women Inspector of Police recorded statement of the victim girl at about 03.00 P.M. on the same day. She also recorded statement of PW.1. PW.15 requested the attendant to handover the wearing apparels of the victim girl. The wearing apparels M.Os 1 & 2 were seized by PW.15 under a Panchanama Ex.P5. PW.15 obtained the Study Certificate Ex.P13 from the Head Master, K.V.R. English Medium School. On 21.07.2015, PW.15 Inspector of Police arrested the accused who was remanded to judicial custody. Further investigation was taken over by PW.16 S.D.P.O.
(c) On 22.07.2015, PW.16 verified the investigation and found it on correct lines. He visited the scene of offence and the house of PW.1 and recorded statements of PW.s 6 to 8 and another. On 27.07.2015, he filed a Memo in the Court for recording statement of PW.2 under Section 164 Cr.P.C. On the same day, PW.16 filed a Memo before the Court seeking permission to conduct potency test of the accused. On 11.08.2015, potency test was conducted at SVIMS Hospital, Tirupati. Ex.P10 is the Potency Certificate. On 13.08.2015, the learned Judicial Magistrate of First Class (Special Mobile Court), Kurnool recorded statements of PWs 1 & 2 under Section 164 Cr.P.C.
(d) In the meanwhile, on 19.07.2015, PW.10 Dr. M.Kavitha, Gynecologist, Kurnool Medical College, Kurnool, examined PW.2 and found the following injuries.
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1. Both thighs found with blood stains
2. Perinium first degree laceration seen
3. Posterior Vaginal wall tear
4. All local parts found with blood stains
5. Hyman tear present She collected the following specimens for sending the same to A.P.F.S.L, Hyderabad.
1. Both breast smear
2. Nail clippings
3. Vaginal wash
4. Vaginal swab
5. Vaginal smear
6. Cervical smear She issued Ex.P7 certificate on the basis of R.F.S.L. Report Ex.P8 and final opinion under Ex.P9.
(e) On 14.08.2015, PW.16 sent the preserved objects to R.F.S.L., Kurnool. On 12.10.2015, PW.16 received R.F.S.L. Report Ex.P8. After completion of investigation and after receiving all the documents, PW.16 filed charge sheet on 25.11.2015.
4. In support of its case, the prosecution examined PWs 1 to 16 and marked exhibits P1 to P13, and exhibited M.Os.1 to 5.
5. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating material appearing against him. Accepting the evidence of 7 the prosecution witnesses, the learned Additional Sessions Judge convicted the appellant as aforesaid.
6. Heard Sri C.V.R.Rudra Prasad, learned counsel for the appellant, and Sri Marri Venkata Ramana, learned Additional Public Prosecutor representing the State.
7. (a) PW.2 is the victim girl. She stated in her evidence that on 18.07.2015 at about 08.00 P.M., while she was playing in front of her house along with PWs 3 & 4, the accused came there and offered chocolates to PWs 3 & 4, for which they refused. She further stated that thereafter the accused approached her and offered chocolates and when she refused to receive the same, the appellant caught hold of her hand and took her to the upstairs of his house. She further stated in her evidence that the accused caused injuries on her body and private parts and committed aggravated penetrative sexual assault on her throughout the night. PW.2 further stated that subsequently she fell unconscious and on the morning of 19.07.2015, she got consciousness and when the accused opened the doors, she went out. In her evidence, she has categorically stated all the acts of sexual assault committed by the accused in a very convincing manner. Though PW.2 was cross- examined by the accused, nothing adverse has been elicited from her evidence. The evidence of PW.1 lends corroboration from the evidence of PWs 3 & 4. PWs 3 & 4 in their evidence have clearly stated that on the fateful day at about 08.00 P.M., the accused came there and offered chocolates. When they refused to receive chocolates, he approached PW.2 and offered 8 chocolates and she also refused to take. Immediately, the accused caught hold of the hands of PW.2 and took her to his house. PWs 3 & 4 in their evidence further stated that on the next day morning at about 07.00 A.M., when PW.1 enquired them as to what happened to the victim girl, they disclosed stating that on the previous night at 08.00 P.M. the accused caught hold of the hand of PW.2 and took her to his house. Though PWs 3 & 4 were cross-examined, nothing adverse has been elicited by the defence.
(b) Coming to PW.1, he stated in his evidence that on the night of 18.07.2015, PW.2 was missing. When he enquired his wife about missing of PW.2, she stated that she was playing outside the house. PW.1 further stated that he along with the residents of locality i.e., PWs 5 to 9 searched for the victim girl on the night. But, they could not trace out the victim girl. PW.1 further stated that on the next day morning at about 07.00 A.M., he enquired with PWs 3 & 4 about the victim girl, who replied stating that on the previous night, the accused took her to his house. PW.1 further stated that when they were proceeding to the house of the accused, they noticed the victim girl coming slowly by weeping on the road. When PW.1 enquired PW.2 as to what happened, the latter disclosed about the commission of offence by the accused. Immediately, at about 10.00 A.M., PW.1 went to the police station and set the criminal law into motion. As such, the evidence of PWs 1 and 5 to 9 corroborates with the evidence of PW.2. There is nothing to disbelieve their version about the commission of offence.
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(c) So far as the medical evidence adduced by PW.10 coupled with Exs.P7 & P9 is concerned, the prosecution is able to prove the injuries on the body and private parts of the victim girl PW.2. The R.F.S.L. report, marked as Ex.P8, was also taken into consideration by PW.10. After receipt of the R.F.S.L. report Ex.P8, PW.10 gave final opinion under Ex.P9 opining rape had been taken place on the victim girl. The ocular version deposed by PWs 1 to 9 lends support from the medical evidence adduced through PW.10.
8. Having analyzed the entire evidence carefully, we have no hesitation to come to a conclusion that the accused has committed aggravated penetrative sexual assault on PW.2. Though the prosecution witnesses were cross- examined, nothing adverse has been elicited from their evidence to disprove the veracity of their evidence.
9. In view of the above facts and circumstances, there are no grounds to interfere with the conviction and sentence recorded by the learned I Additional Sessions Judge, Kurnool in POCSO S.C.No.5 of 2016 vide judgment dated 28.09.2016.
In the result, this Criminal Appeal is dismissed confirming the conviction and sentence recorded by the learned I Additional Sessions Judge, Kurnool, in POCSO S.C.No.5 of 2016 vide judgment dated 28.09.2016.
As the appellant was already convicted in POCSO S.C.No.21 of 2016 on the file of the Principal Sessions Judge, Kurnool and was sentenced to suffer imprisonment for LIFE, which shall mean remainder of his LIFE, the 10 sentence imposed in the present POCSO S.C.No.5 of 2016 shall also run concurrently along with the said imprisonment as per the provisions of Section 428(2) Cr.P.C.
As a sequel, interlocutory applications pending, if any, shall also stand closed.
__________________ K.SURESH REDDY, J _____________ V.SUJATHA, J Date: 03.04.2025 MVA