Achari Raju vs The State Of Telangana
2025 Latest Caselaw 1342 Tel

Telangana High Court

Achari Raju vs The State Of Telangana on 24 January, 2025

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     THE HONOURABLE SRI JUSTICE K.SURENDER
              CRIMINAL APPEAL No.53 OF 2025
JUDGMENT:

1. This appeal is filed by the appellant aggrieved by the

judgment dated 27.11.2024 in POSCO.S.C.No.34 of 2023, on

the file of Court of the Fast Track Special Court For Expeditious

Trial And Disposal of Rape and POCSO Cases, Sangareddy.

The appellant is convicted for the offence under Section 354-A

(1)(i) of IPC and Section 7 punishable under Section 8 of POCSO

Act, 2012.

2. Heard the learned counsel for the appellant/Accused and

Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor

for respondent-State.

3. The victim stated as under:-

"About long back, one old uncle took me towards Forest Area stating that he will give me "Kurukurre".

After reaching the forest area the said old uncle asked me to remove my pant. Then I removed my pant. Later, he brought me to my house. When my mouse Punam Devi asked me where I went then I informed her that the accused took me to the forest area stating that he will give me "Kurkurre". Later he asked me to remove my pant. When I removed my pant, then he brought me to our home. The accused is the said old

uncle. The witness after seeing the accused identified him. Police examined me. I was also brought to court previously and my statement was recorded. When the learned PP questioned the witness about her statement recorded by magistrate the witness noded her head informing that her statement recorded."

4. Learned legal aid counsel would submit that according to

Section 7 of the POCSO Act, there should be physical contact

by the accused. Even according to the statement made by the

victim girl, there was no physical contact. The said offence

under Section 7 of POCSO Act is not made out.

5. Section 7 of POCSO Act reads as under:

"Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault."

6. Physical contact is sine qua non to punish any person

under Section 8 of the POCSO Act. The entire reading of

statement made by the victim girl shows that there is no

physical contact which would attract an offence as described

under Section 7 of POCSO Act, punishable under Section 8 of

POCSO Act.. Accordingly, conviction under Section 8 of POCSO

Act is set aside. However, the appellant is convicted for the

offence under Section 354 of IPC and sentenced to undergo

Rigorous Imprisonment of 1½ year.

7. Section 354 of IPC reads as under:

"354. Assault or criminal force to woman with intent to outrage her modesty.--

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

8. Accordingly, the Criminal Appeal is partly allowed. Since

the appellant is in jail, if the period of imprisonment of 1½ year

is already undergone by him, he shall be set at liberty

forthwith.

_________________ K.SURENDER, J Date: 24.01.2025 dv

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.53 OF 2025

Dt. 24.01.2025

dv