In this criminal appeal, the High Court of Telangana set aside the conviction and sentence imposed on the appellant under the Protection of Children from Sexual Offences Act, 2012, ordering his acquittal and immediate release.
Conviction and sentence set aside; Appellant acquitted and released on liberty; Fine amount, if any, ordered to be refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY ,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE JUSTICE G, SRI DEVI
CRIMINAL APPEAL NO: 56 OF 2021
Criminal Appeal Under Section 374 (2) of Code of Criminal Procedure aggrieved by the Judgment dated 03-02-2021 in S.C. PCS No. 143 of 2019 on the file of the Court of the lAdditional Metropolitan Sessions Judge - cum- Special Judge for Trial of Cases Under Protection of Children from Sexual Offences Act, 2012 al Hyderabad.
Between:
Shaik Mahmood, S/o.Late Shaik Dawood aged 48 yrs., Occ. Business, Fyo.1-7-39, Rishalakurshidjahi Rishalal, Chikkadpally, Hyderabad
... Appellant / Accused
AND
State of Telangana., rep., by Public Prosecutor, High Court, Hyderabad.
...RESPONDENT
Counsel for the Appellant: SRl. P. VAMSHEEDHAR REDDY
Counsel for the Respondent: ASSISTANT PUBLIC PROSECUTOR
it is ordered as follows:
\
HONOURABLE JUSTICE G.SRI DEVI
CRIMINAL APPEAL No.56 of 2021.
ADVANCE ORDER:
In the result, the Criminal Appeal is allovyed and the conviction and sentence imposed against the appellar t/accused by the learned I-Additional Metropolitan Sessions Judgt:_cum_Special Judge for Trial of Cases underprotection of children from sexual Offences Act, 201,2, Hyderabad, in S.C.PCS No.143 of 2019, dated 03.02.2021,, are hereby set aside and l.re is acquitted for the said offences and he shall be set at liberty forthwith, if he is not required in any other case. The fine amount, if any, paid by the appellant/ accused, strall be rehuned to him.
To
STY.B.S.CHIRANJEEVI JoTNIREG|STRAR sEcgrFFrcER
//TRUE COPY//
HIGH COURT
DATED:0310912021
ADVANCE ORDER
CRL.A.No.56 of 2021
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1 issue framed by the court
Whether the conviction and sentence imposed by the trial court under the POCSO Act requires to be set aside in the present appeal.
2 provisions across 2 enactments
Shaik Mahmood
State of Telangana
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
