JUDGMENT :

C. JAYACHANDRAN, J.

1. Spousal discord inflated to personal vendetta is disastrous, if minor daughter is made a sword against the father, accusing a tabooed depravity is the sheet anchor of the appellant's arguments in this appeal, filed under the Proviso to Section 372, Cr.P.C.

2. This victim appeal is directed against the judgment of the Additional Sessions Court No. I (Special Court), Pathanamthitta in S.C. No. 314/2017 dated 27.2.2020, as per which, the accused persons - father of the victim and his friend - were found not guilty of offences under Section 376, read with Section 34 of the Penal Code and Section 4, read with Sections 3, 6 and 5 of the Protection of Children from Sexual Offences (POCSO) Act.

The prosecution case:

3. The accused persons committed rape, sexual assault and penetrative sexual assault on the minor daughter of the first accused several times during December, 2015 and February, 2016 by caressing her breasts, fingering her vagina and by doing cunnilingus at A1's bedroom in House No. 304 of Ward No. XIV, Paranthal, Thekkekara Village, Pandalam, thus committing the offences under Section 376, read with Section 34 of the Penal Code and Section 4, read