Parla Mallesh v. The State of Telangana
Case brief
What is this about?
Telangana High Court, Criminal Appeal No.943 of 2023, K. Surender J., decided 03.01.2025, arising from SC.No.651 of 2021 (Metropolitan Sessions Judge, Cyberabad, L.B.Nagar). Keywords: POCSO penetrative sexual assault versus aggravated sexual assault; S.376(AB) IPC conviction set aside; finger insertion not proved; no external injuries, redness or tenderness; doctor PW.6 medical evidence; earliest complaint Ex.P1 disclosed only touching; subsequent improvement; S.164 Cr.P.C. statement; conviction altered to S.9(m) r/w S.10 POCSO Act; five years imprisonment; appeal partly allowed; appellant on bail directed to be sent to prison to serve remaining sentence; child victim; accused a related person ('Thatha'); Sections 3, 5, 6, 7, 9(m), 10 POCSO and Sections 375, 376(AB) IPC considered.
What did the court decide?
Criminal appeal partly allowed: conviction under Section 376(AB) IPC and Section 6 of the POCSO Act set aside; appellant convicted instead under Section 9(m) r/w Section 10 of the POCSO Act and sentenced to five years imprisonment; since the appellant is on bail, the court below is directed to cause his appearance and send him to prison to serve out the remaining part of sentence.