The High Court · 2025

Counsel for the Appell;.nt: SRI MOHD ZAFRULLAH Counsel for the Respor rlent No.3: SRI M. VIVEKANANDA REDDY, A,.p.p. CRIMINAL AP PEAL NO 478 0F 2020 Appeal filed und( r Section 37 4(2) of Cr.p.C against the jr- dg ment dated 22.07.2020 passed ir S -) pcS. No. ti+'ot 2018 on the fire of the c,urt of the r Additional Metropolitarr I i,,)ssions Judge - Cum - Special Judge For Trail Of Cases Under Protection of C:f,il r.en form Seiuaf Otfenceiiyderabad. ) Between: Faiyaz l\rlehemood Ansari, S/o Mehemood Ansari, aged. 42 years, occ. tantrik (witchcraft),r/o H.No.18-12-4'l S llHtl}tltA, Hafeez baba nagar, Hyderabad, native of H.No.tu408, 4th floor, salman complex, Mumbra Devi Road, Neai patel high school, Mumbra, Thane, Mumbai, Maharashtra state. AND ...ACCUSED/APPELLANT State of Telangana, Represented by Public prosecutor. lA NO: 1 OF 2020 ...COMPLAINANT/RESPONDENT Petition under section 482 of crpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence against the petitioner/accused passei in judgment dated 2210712o20 in sessions case pcs 84 oI 2o1B on the file of the Honourable 1st Additional Metropolitan sessions Judge -cum- Special Judge for trial of cases under protection of children from sexual offences Acl, 20,12, Hyderabad in the interest of justice. lA NO: 2 OF 2020 Petition under Section 389(1) of CrPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pieased to enlarge the petitioner on bail in Sessions Case pCS NO.84/2b18, daled 2210712020, of in the court of the I Addl. Metropolitan sessions Judge- cum-special Judge For Trial of cases Under protection of children From sexual Offences Act 2012 to suspend the sentence given by the trial court. Counsel for the Appellant: SRI BARKHA BHALLA counsel for the Respondent: sRl IJL VIVEKANANDA REDDY PUBLIC PROSECUTOR CRIMINAL APPEAL NO: 1 46 0F 2021 Appeal filed under Section 378(3) & (1) of Cr.P.C against the judgment daled 22.O7.2020 passed in S.C. PCS. No. 84 of 2018 on the file of the court of the I Additional lvletropolitan Sessions Judge - Cum - Special Judge For Trail Of Cases Under Protection of Children form Sexual Offences, Hyderabad. Between: The State of Telangana, rep. by The Public Prosecutor, High Court for the State of Telangana. ...APPE LLANT/COM PLAINANT AND

1. F aiyaz Mehrnor Fl/o. H.No.1ll. 1 H.No.a/408, z.tt State.

2. Farhana Ber;rrn Housewife. ll'o R.R.District, F'e Hyderabad. c Ansari, S/o. Mehmood Ansari, aged 38 years Occ. Tantrik, 418lHl50l1lA, Haleez Baba Nagar, Hyderatracl, N/o. ::loor, Salmah School, Mumbra, Thane, Murnbai, Maharastra W/o. Mohamded Khader Mohinuddin, age il6 y'ears, Occ. frlot No.46, Saif Colony, Beside to Pahadisl- ar,::ef, rrranent Address. H.No.13-15/5/2, Babbugucla, Moti Nagar, ...RESPON DEhITS/ACCUSED Counsel forthe Appt llant: SRI M. VIVEKANANDA REDDY PUBLIC PROSECUTOR Counsel for the Res6 rndents: ----- The Court deliverecl I re following: COMMON JUDGMENT , THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI T'USTICE E.V.VENUGOPAL AL APPEAL Nos.363 429 478 of 2020 & 146 of 2O2l COMM ON Jt,DGMENT: (per The Hon,ble Sri Justice K.SURENDER) 1. Criminal Appeal 363 of 2O2O is frled by Accused No.2. Criminal Appeal No'478 0f 2020 is fired by A1. criminal Appeal 429 0f 2020 is filed by the defacto Complainant /pW.7. Criminal Appeal 146 of 2021 is hled by the State.

2. Heard learned counsel appearing on beha_lf of the appellants, the comprainant and also learned Assistant public prosecutor, Sri M.Vivekananda Reddy, representing the State.

3. Briefly, the facts of the case are that pW. 1 is the defacto complainalt, who is the father of the victim boy_pW.2. pW. 1 married Accused No.2 in the year 2006 and had three children. Both pW. 1 and A2 went to Kuwait, where all three children were born. They stayed in Kuwait until 2013, and during the year 2013, pW. I sent back Accused No.2 and all the three children to India, where they were living separately in Khilwat area in a rented premises. Y .a 2 Thereafter, they s h l-l'ed to Shaheen Nagar area' Both a.rez:'s are rn j .,1 Hyderabad.

4. On 09.09.1)r) {r, PW'1 called Accused No'2 and lrfo:.med her that he was comitrg r'o India' On 11'09'2016' PW'l carne 1.o lndia and celebrated Ba.krid I rstivaL in his parents house On 18.o9 2C16, PW'1 asked Accused N I 2 to take back the children to the ir rented Sh a h : en Nagar, since their exams wer(l st arting on premises in P\l'.u ,ras found shivering and weeping' Fe requested

22.O9.20t6. PW. 1 not to sencl I rrn with Accused No'2 his belLalior. PW'2

5. PW.1 que'str ned the boy (PW'2) about (a thal trik t , inflicted informed PW.1 :L rrt A2, with the help of A1 several injuries o r his body' PW'l found several injuri':s on PW'2's buttocks 21d olh:r parts of his body' PW'2 did not allow PW'1 to check his a]1u s .rd was suffering from pain' PW'2 a-ls' I informed PW.lthatther:rt,.reactivityofinflictinginjuries.cuttinl.;himwith blades, and por:r trlg hot water on him was photographerl on a cell phone. Accu se' No'2 left the house' and o n further PW.2ci;r l':rsed that Accused No' 1 used to con're to their enquiry, house ald th,r1 A1 and' A2 were having illicit inlinracy' PW'2 3 informed pw'I that 42 arso threatened the chdren whenever A1 came to the house.

6. PW. 1 then went to the Police and lodged an English_t5rped complaint on 26.0g.2016. The police regrstered the case under Sections t2O (Bl, 3OZ, 341, 342, and 506 of the Indian penal Code, Sections 4, 6, and 1O of the POCSO Act, Sections 2 (C) ard 7 of the Drugs and Magic Remedies Act, 1954 (for short "the Act"),and Section 23 of the Juvenile Justice Act. 7. During the course of investigation, pw.2 was taken to pw.7_ Doctor. PW.7 examined pW.2 on 22.09.2016 ald found the following rnJunes: i) Injury on the left big toe ii) Injury on the right big roe iii) Blade marks all over the body.

8. According to pW.7, the injuries were caused with a blade. During the course of investigation, Ex.P6-tIe bonafide certificate of PW.2 was collected from pW.4. Ex.P3-photographs and Ex.p4_ CD/DVD showing the injuries caused to the boylpW.2 were rrideo_ graphed. E=-,--.--. --.':------------- :;. ,i 4 g. During '-he course of trial' the learned Ses sir tns Judge examined PWs L '-, 11 and marked Exs'Pl to P2l anc I\'tOs'l to 7' The learned Sr s s r,ns Judge found Accused Nqs' 1 arro 12 gruilty of the I l following offen:':s Accused No. 1 Accused No.12 Conviction for the offence under Section ction 6 of Pro tection of from- Sexual Se Children Offences Act, 2012. Sectron 377 of lndian Penal Code Section 3O7 of Indian Pena.l Code Section 342 of Indian Penal Code. Secdon 497 of Indian Pen a,l Code Punish ment Rigorous .i i lmprisonment ald ro PaY a ltne of Rs.10 pqQl._ Rigorou s Li.e and to P aY Rs. 10 Rigorous lraPr a period of'ler lmprisonment a fine of isonment for Ye.ars and to peal. a hne oi Rrl.1O,0O0 Rigor rus IrnP isonment for a period ,rf or:e Year and to a fine Rigorous a period r a ltne o!R Lnp rf flv cf F s.1,0OO .isonment for r: years a;rd to s.5,OO0 Section 506 of Indian penal Rigorous irr-rP :isonment Code a period of tw,t Years and to ?L9 hne c f Fls.4,O0O Conviction for the offence under Section Section 307 of Penal Code the lndian Section 342 of Penal Code. Section 506 of penal Code the Indian the Indian Pu ris -rment Rigorous Imtr)risonment a period :f Te n Yezrrs and a hnr: of l,ls.2O 000 Rigorous lm1 a period o:' o: a hne rrf Iils.1 Rigorous Jm1 a period c{ Tl a a hn,: ;f I:1s.4 :risonment for .re year and to 000 :,risonment for ,'o years arrd to oo0

10. Learned Counsel appearing on behalf of A1 and A2 wou_ld submit that the injuries on PW.2 do not suggest any kind of unnatural sex or any injuries to his private parts. In the absence of arry such injuries, the question of convicting Accused No. I under Section 377 of IPC and Section 6 of POCSO Act is incorrect. There was no DNA test conducted on PW.2, ald the injuries were found to be simple in nature. In fact, PW.7 admitted that injuries (i) and (ii) were simple in nature and the third injury could have been caused by a fa.ll.

11. There were disputes between A2 and PW. 1. For the reason of the said disputes, a false complaint was filed by PW. 1 alleging illicit intimacy between ,{1 and 42. Further, causing pain to PW.2, in the absence of any medical evidence, would not suggest that the boy was subjected to unnatural sex. Only on the basis of a tutored version given by PW.2 in the Court below, conviction calnot be recorded.

12. Learned Counsel further submitted that there were disputes between PW. 1 and A2 in Kuwait, and A2 Iodged complaints ,had against PW. 1 in Kuwait, which were being irivestigated. To overcome the criminal investigation, PW. 1 sent back ,{2 and the three children r-I \l 6 to HYderabad, "r' of retaliation tc h "f

13. . Learned Oc simPle in natrtt e that it is al offr:r Court belorr lLiLs ttre d.ifference s b :re they were staying' The complaint is i'e the form : complaint filed by A2 against PW' 1 in I''uwait' -r nsel further argued that when the irrjuries are rnd caused on the toes or legs' it crtttl'ot be said : r: under Section 307 of the Indiar-r Pena Code' The iarled to consider the background ':f tlre case and )tween PW.1 and A2' which were docum"rnted' There : rridence to support the claim of unnzltttral sex with inflicted with an in -er t to commit was no ,1gcli(rz'l PW.2, or tha'- s t'::h injuries were murder of PVr'lZ Exs.P3

14. karne'l ( r'runsel appearing on beha'lf of the 'x)m plainant and also the lezrrr : 11 Assistant Public Prosecutor rvou ld submit that would clearly go to show that A 1's acts are er Section 7 of the Drugs and Magic I:lemedies Act' -he acts of At and A2 were also punis'hable under the e Juvenile Justice Act' for inflicting i njr rries on PW'2' punishable un J

1954. Furtber' and fl provisions o{ t I who was agecl I tss than 12 Years' 15 PW 1 fiL, r{ a complaint before the Police oo 26 Ol:t '2016 alegtng that A 1 anci 42 were having sex in the house b g sending the 7 childrenaway. A1 had inflicted injuries on pW.2 along wittr A,2 M used to abuse PW.2, who is the victim.

16. PW.2 stated that A1 used to visit their house and crack jokes with his rnother/A2. A1 was touching A2 on her private parts and also kissing her. When PW.2 questioned A\i as to why he was inappropriately touching A2, A2 beat PW.2 with a rod and pipe. During the night, PW.2 and his two sisters were kept in a room separately, and PW.2 also found A1 and A2 in a nude position. When questioned, PW.2 was beaten up and kicked by A1 and A2. Some white powder was being given to PW.2, due to which he suffered from blood motions. A1 used to undress PW.2, apply oil, ald put his penis into the Anus of PW.2, for which PW.2 cried in pain. ,{1 ald ,,{2 used to give injections to PW.2. Whenever PW. I called PW.2 on the phone, A.2 used to threaten PW.2 not to reveal anything to PW. 1. Due to fear of A1 and A2,'hle did not inform anyone. ,

17. PW.2 further stated that after PW. I arriwed in Hyderabad, he informed him about the injuries inflicted by A1 and A,2 on his body.

18. The doctor did not frnd any injuries on the private pa_rts of PW.2 when examined. According to PW. L, PW.2 complained of I i I l 8 Fr,r:r Hyderabad' injuries on 18 ()!) l[)16' However' PW'1 came to India on ll'O9'2016' There was no (crn rlaint of PW'2 on 11'09'2016' Accorcling to PW'1' for the hrst tinre PW.2 complained about pain in the anus and 2r' .1 )'.201.6, i.e., 11 days after PW I arrived 1n injuries on ll.09.2016, PW'1, A2, and otherrs rv':re staying in :; parents, and they also celebrated Eal rid'' the house of P'[ 19. It is diffi:-l to understand why, if the boy was sulfering from such severe p a'ir . PW' I did not take him to a doctor' This raises a doubt as to rvrr 1 her injuries were inflicted on PW' 2 jr tst prior to Iodging o{ '.}re complaint' Admittedly' from 11'O)'2016 till 22.09.2016, all r I them stayed together' and therefor:c ' the question of any injunes 1 '':ing inflicted on PW'2 during those te:r days does not arise. 20. The do<lo rvho examined PW'2 stated that lnjrLry No' (iii)' which appea:'e d io be camsed by a blade ' coul<l ind:er I have been inflicted witl L : r rch a weapon. However, all three il rjuries were described as sir lrle in nature '

21. The vict.n PW'2, disclosed the harassment rn11 when PW' 1 advised A2 tt I <:e the children back to the rented houtre' PW'2 was 9 scared arrd was very frightened. pW.2 revealed that he had seen A1 and A2 nude ald that A2 was moving closely with Al. Since that day, PW.2 had observed Al and ,{2 touching and kissing each other, aiter which the infliction of injuries began. According to pW.2, both A1 and A2 began beating him indiscriminately and also started kicking hirn from the day after he discovered Al and A2 in one room, engaged in intimate acts. PW.2 also stated that some white powder was given to him, which caused him to suffer from bloody motions. A1 used to apply oil on his body and insert his penis into pW.2,s Anus, due to which he screamed. Both A1 arrd A2 also gave some injections to PW.2. When PW. I called PW.2 on the phone, Al would threaten PW.2 by cutting a doll with a knife ald showing him that he would cut him in the same manner if he disclosed anything to his father. In JuIy 2016, Al and A2 took the boy to the house of Al, where they conflned hirn in a dark room. Al would cut the boy wittr a blade and suck his blood. A1 and A2 also poured boiling water on PW.2. PW.2 further stated that when PW.2 refused to allow Al to insert his penis into his Anus, A2 poured hot wax on his scrotum. The said acts continued over a period of three months. I 10

22. PW.4 is th e '\dmin Incharge of VIP International f ichool' He issued the Attertc:rnce record of PW'2' which is mark:d as Ex'P7' Ex.P7 shows -lLa ' PW'2 was absent from .the schciol rluring the -11y, August' and September' Though ir the cross- months of Jun: examination P\& ' stated that PW'2 attended classes fot about 2 or 3 months, houre'rr)r Lhe said statement is contrary to ttLe attendance record-Ex.P7. Pu r was working as the Admin Incha:-ge' and on the basisofthereco,l,heissuedEx.PT,reflectingtheabserLceofPW'2 from school for f' rr months' His statement in the crc's s-('xamination that the boy at1e lded school cannot be accepted' since there were 15 to 20 buses he ir 1:; run and several hundred' students in the school' according to F'\\' : 23. The trvc :lr -tghters of PW' 1 and A2 were not exar:rined in the Court; hou'e v:r their non-examination is of n'r c lnsequence' According lo ?' v 2, the entire harassment over a period of three months occu'r'e I u'hen he was kept in the house of A 1 ' 24. The Ter;1 rientihcation Parade was also condrx:te'f PW'6 was condu< te 11 the Test the Chief I\lt:ropolitan Magistrate who Identifrcatior F.'rade on 1O'11'2016' PW'2 horrific treatrt( r1t meted out to him Over a penod ol- t:rree months narraf.ed to PW.6 the 1,1, PW.2 correctly identilied A1. According to PW.2, the ill-treatment by A1 arld A2 stopped two days prior to PW. 1's arrival in India on r1.9.20t6.

25. The evidence of PW.2 is convincing and cannot be said to be the outcome of tutoring by PW. 1. PW.2 narrated the acts committed by Al and A2 to PW. I at the frrst instance, thereafter to the police, ald also in the 164 Cr.P.C. statement. The same version was also given to PW.6-the Magistrate who conducted the Test Identfication parade. PW.2 withstood probing ard extensive cross-examination by both the counsel for Al and A2. Nothing was elicited to discredit the evidence of PW.2 in the extensive cross-examination, mnning into nearly four pages, by both the counsel for 41 and A2. The version given by PW.2 was consistent even during cross-examination, and nowhere did PW.2 falter. PW.2 sticking to his version and giving minute details about what transpired would go to show that PW.2 was speaking the truth the entire time.

26. PW.7 is the doctor who examined PW.2 ald found three injuries. No injuries were found near the anus, nor were there any signs of recent intercourse. However, the injuries had been inflicted over a period of three months. According to the narration given by I I 1 I 12 *'ir. h blades, PW.2, the inju:rer: on the bodY, such as, being cut - cured on him, and injunes to the t'ler';, rvere all having hot watl - observed durinrl t r: medical examination' Th9' scars frorr ':r'rts made with blades v'<>t l'1 be visible for a long time' I{rlwt:ver' ana-l intercourse, as zr lr,ged by pw.2, would not necessarili' reave long- lasting scars o' ir ltrries on the anus' The presence of serrten' faeces' or similar evrc e n :,.: would only be expected if the a.ntrl 'ntercourse : :ntly. The alleged harassment ocor' rrr:)d prior to had occurred 1l.Og.2Ll6,arC t'W 2 was examined by PW'7 on 27 'D9 2'016' which is a gap ol nror: than 16 days' The absence of injliri::s must be considered in th' context of the facts of this case' Ex PIi and Ex'P4 are the photogrz phs and the CD that show hot water b'eing poured on the bo5''s lt rls while some Arabic recitation is hr:ard in the background. Ih '3ourt can assess the reliabiliff of th-' 'r'ersion given by PW.2. Ao ir'r' rrdy discussed' the boy withstood cross- examination on various as,( ( rs. It does not appear that the boy wz,-s tutored to speak against r\'1 or A2' Such straightforward answers and a consistenl. ar;t:c ' ltt of harassment are only possible 'vhen PW'2 has actuallY und e r1 rr ne the trauma he described' In the pr'i)sent facts of the case, tht: a ; sence of injuries on the anus of PW'2 "vill not affect 13 I l the credibility of his evidence regarding the unnatural sex committed by A1.

27. Both A1 arld A2 had inflicted injuries on PW.2 after PW.2 saw them in intimate positions. To attract an offence of criminal conspiracy, one or more persons should have agreed to do an illegal act or an act which is not illegal by illegal means. The infliction of injuries by A1 and A2 was on account of PW.2 witnessing A1 and A2 having sex and questioning them. It cannot be said that they had entered into a criminal conspiracy to inflict injuries on him. 2a. Further, the allegation of practicing witchcraft or doing any Tantrik acts of inflicting injuries on PW.2 would attract penal consequences for causing bodily injury. In the State of Telangana, there is no enactment punishing people practicing witchcraft/black magic or any such practices.

29. The charge sheet was filed alleging offence under Section 2(c) r/w.Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Lr -.ra l4

30. Section 1l . ) of the Act reads as follows: mitigctti t',., posses-< n "(c) "mag,t< and ant' 'emed.g" includes a talisman, mantr a k auacha, tl'ter charm of ang kind -u.thich is alteged to t'aanlous pouers for or in the diagnosts, a)re, reatment or preuention of ang disease' iri. human '.n.imals or for affecting or influenc)ng in c, ny utay t e or anA organic function of the bod.g oj' human iimc.ls;" 31. Section ': rl'the Act reads as follows: beings ''t: tl'Le stfl, cll beinqs or t "7. Penttt. this.4rt conuicti t',:. , _-Wltoeuer contrauenes ang of the prcu'sions of | [or the rules made there under] stxall, on rc punishable- (a) in the: uhich, rzt. (b) in 11 imPi.sov', tuith botlt. :ase of the first conuiction, uLith imprt';onment extend to six months, or with fine, or tuith both; t, case of a subsequent conuicliort, uith ,,rt tuhich mag extend to one year, or u,itlt fine, or

32. Sectron 12 ( is intended 1 o practicing rv tcl practices. TtLer :, is the defrnition of a magic remedl . Tlre enactment ;runish any false claims of magi< r.emedies for :raft or any such acts of black m,tg: c or similar ,is no punishment prescribed in the Drugs ald Magic Remedi,:s ,:bjectionable advertisements) Act, . 9 54. 15

33. As seen from the injuries that were inflicted on pW.2,the intent was to threaten PW.2 and prevent him from informing either pW. 1 or anyone else about the intimacy between A1 and 42, which was seen by PW.2. Injuries were inflicted over a period of three months by A.1 and A2 by pouring hot water on the body of pW.2, burning him with wax, beating with rods, etc. The injuries found by the doctor were not on arry of the vital parts of the body and were not rife threatening. Al1 the injuries were simple in nature. For the said reason, Section 307 of IpC is not attracted. However, Al and A2 are convicted under Section 326 of IpC. t a

34. Accordingly, the conviction of 41 under Sectio n 372 oflpC and Section 6 of the POCSO Act is upheld. The sentence of imprisonment under Section 372 and also under Section 6 of the pOCSO Act is reduced to 15 years. The conviction under Section 307 0f Ipc is set aside; however, A1 is convicted for the offence under Sectio n 326 of IPC and sentenced to undergo l0 years of rigorous imprisonment.

35. The conviction of A2 under Section 3O7 of IpC is set aside; however, A2 is convicted for the offence under Section 326 of IpC and sentenced to 8 years imprisonment. 16 1 l

36. All the rerna ning sentences of A1 and A2 under tht: c'ther penal provisions arr: rrpi r [d.

37. Accordingl'.'. ,,)riminal Appeal Nos.363 ;i ZOZO filec1 cy A2 and, Criminal Appe;r 't't.478 of 2O2O frled by A1 are partl'r' allowed. Criminal Appeal \ :'.429 of 2O2O frled by the defacto compl'rinant ald Criminal Appeal N . .146 of 2O2l hied by the State are dis;missed. //TRUE COPY// SD/- K. SR.INIVASA RAO JOINT REGISTRAR SI:CflON OFFICER i I l\,4etropolitan Sessions Judge - Cum - Spe,cii;rl Judge For (lnder Protection of Children form Sexual Offr')nces, 1t records ) rr Sessions Judge, Cyberabad, Ranga Reddy t)istrict at cient, Central Prison, Chanchalguda' Hyder-abad. (By Special Dublic Prosecutor, State of Telangana, High C'rurt Buildings )1.'T] ,'1d. Fasiuddin, Advocate [OPUC] ,'lohd. Zafrullah, Advocate [OPUC] I arkha Bhalla, Advocate [OPUCI To,

1. The lAdditiont Trail Of Casr:s Hyderabad tu 2. The MetroP I it; L.B.Nagar. 3. The Superintet Messenger ) 4. Two CCs to th, at HYderabarl[t 5. One CC to rjri 6. One CC to Sri 7. One CC to Sri 8. Two CD CoPie Plp/swt YV ! il ,1 -' '-- /,/. t f. -^R U' ilaI € +)

7. ? a 1C JJil ?u5 \-c' ' ''.r rt:r' \s_-- iO * HIGH COURT DATED: 01/05r2025 COMMON JUrt TGMENT CRLA.No .36i1, 429, 47 8 ot 2020 AND 146 0F it,021 PARTLY /\Lt.( )WING THE APPEAL NOS 363 AND 478 OF 2()20 /rrND DISMISSING THE APPI=AIL NOS. 429 OF 2O2O AND 146 0F 1021. \\ td(("l' Hv?t,'