HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.705 OF 2010
JUDGMENT:
1. This Criminal Appeal is filed by the Appellant/Accused aggrieved by the conviction recorded by the III Additional Metropolitan Sessions Judge, Hyderabad, in S.C.No.104 of 2009, dated 19.05.2010, convicting the accused for the offence punishable under Sections 363 and 376 of the Indian Penal Code; and sentence of Rigorous Imprisonment for a period of three years and a fine of Rs.5,000/-.
2. The case of the prosecution is that the appellant took PW2 who was aged around 14 years to Delhi and stayed there for about 15 days and she was brought back and she joined her parents.
3. On the basis of the complaint given by the brother of the victim girl that her sister was missing, the police registered a crime on 31.10.2006. On 21.11.2006 it was informed that the victim girl had returned home. During the course of investigation it was found that the appellant herein developed intimacy with PW2 and also took her to Delhi where they 2 stayed in a lodge for 15 days and the appellant had sexual intercourse with PW2.
4. The Medical evidence would go to show that PW2 was leading conjugal life. The Doctor (PW3) who examined victim girl stated that there were injuries on the genital parts and also there were old tears of hymen, however, PW3 concluded that she cannot conclusively state about there being any recent rape.
5. The prosecution had produced Ex.P8 which is certificate of birth issued by the Municipal Corporation of Hyderabad, wherein the age of PW2 is shown as 21.04.1992. The alleged incident has taken place in the month of October, 2006, by which date, the victim girl was aged about 14 years. The victim girl (PW2) when examined, specifically stated that she was taken to Delhi where the accused had intercourse with her, several times. Though there is an admission by PW2 that she was friendly with accused and acquainted, the same would not help the appellant, since the victim girl (PW2) was aged around 14 years. Though the defence of the accused is 3 one of having consensual sex, since PW2 was aged around 14 years, consent is of no consequence.
6. For the aforesaid reasons, there are no grounds to interfere with the order of conviction of the learned Sessions Judge.
7. Accordingly, the Criminal Appeal is dismissed. The concerned Court is directed to cause appearance of the appellant herein and send him to prison to serve out the remaining part of the sentence.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date:31.10.2022 tk 4 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.705 OF 2010 Dated: 31.10.2022 tk