BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26.06.2023 CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.A.(MD)No.175 of 2017 M.Rubi ... Appellant/Defacto Complainant vs.

1.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

(Crime No.17 of 2013). ... 1st Respondent/Complainant

2.K.Alagesan ... 2^nd Respondent/Accused PRAYER : Criminal Appeal has been filed under Section 372 of Cr.P.C., to set aside the Judgment of acquittal passed in S.C.No.5 of 2014 on the file of the learned Mahila Court, Tirunelveli, dated

29.10.2015 and convict the accused.

For Appellant : Mr.G.Karuppasamy Pandian For R - 1 : Mr.T.Senthil Kumar Additional Public Prosecutor For R – 2 : Mr.G.Kannan

JUDGMENT

This Criminal Appeal has been preferred as against the order of acquittal passed in S.C.No.5 of 2014, dated 29.10.2015, on the file of the learned Mahila Judge, Tirunelveli, thereby acquitted the second respondent for the offence under Section 452 of I.P.C and Section 4 of the POCSO Act.

2.The case of the prosecution is that on 01.09.2013, at about 04.30 p.m., when the victim girl was alone in her house, when her mother had gone to Church for prayer, the accused had tak