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2021 Supreme(Mad) 2955

P.VELMURUGAN
State, By Inspector of Police, Thirubuvanai Police Station, Puducherry – Appellant
Versus
Paramasivam – Respondent


Advocates Appeared:
For the Appellant : Mr. D. Bharatha Chakravarthy, Public Prosecutor.
For the Respondent: Mr. K.S. Shanmugam (Legal Aid Counsel).

JUDGMENT :

This Criminal Appeal has been filed against the judgment of acquittal, dated 16.01.2018, passed by the learned Special Judge (Principal Sessions Judge), Puducherry, in Spl.S.C.No.16 of 2016 on the file of the Special Court under POCSO Act, 2012, Puducherry.

2. The appellant Police have registered a case against the respondent/accused in Crime No.27 of 2016 for the offences under Sections 9(o) and 10 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act” for brevity). After completing the investigation, they laid a charge-sheet before the Special Court under POCSO Act, 2012, Puducherry. Since the offence is against a child, the learned Special Judge has taken the charge-sheet on file in Spl.S.C.No.16 of 2016.

3. After completing the formalities, the trial Court framed a charge punishable under Section 10 of the POCSO Act against the respondent/accused.

4. After trial, the learned Special Judge found that the prosecution has not proved the guilt of the respondent/accused and acquitted the respondent/accused. Now, the State has filed the present appeal before this Court, challenging the judgment of acquittal.

5. Mr. D. Bharatha Chakravarthy, learned Public Pro

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