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2021 Supreme(Mad) 2681

S.VAIDYANATHAN, G.JAYACHANDRAN
State represented by the Public Prosecutor, High Court, Madras – Appellant
Versus
Kirubanandam – Respondent


Advocates Appeared:
For the Appellants :A. Thiruvadikumar, Additional Public Prosecutor, T. Arul, D. Remeshkumar, S. Prabha, Advocates.

JUDGMENT :

(Prayer: The Criminal Appeal is filed under Section 378(3) of the Code of Criminal Procedure, to allow the appeal and set aside the judgment of acquittal of the respondent/accused passed by Sessions Court/Fast Track Mahila Court, Dindigul in Spl. S.C.No.29 of 2019, dated 29.09.2020.

The Criminal Appeal is filed under Section 372 of the Code of Criminal Procedure, to call for the records and to allow the above appeal by setting aside the judgment dated 29.09.2020 passed in Spl.S.C.No.29 of 2019, on the file of the Sessions Court/Fast Track Mahila Court, Dindigul.)

1. The sole accused in Spl.S.C.No.29/2019 was acquitted from charges of offence under Section 302 IPC and section 5(m) r/w 6 of POCSO Act by the trial Court vide judgement, dated 29/09/2020. Being aggrieved by the judgment of acquittal, the State, represented by the Public Prosecutor, as well as the father of the victim minor girl are before this court as appellants in Crl.A(MD).No: 337/2020 and Crl.A.(MD)No: 142/2021 respectively.

2. The case of the prosecution unfurls in the following manner:

    (i) The victim minor girl aged about 12 years, was at home during the summer vacation after completing her 7th standard. Her

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