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2025 Supreme(Online)(Mad) 62601

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
State of Tamil Nadu Represented by The Inspector of Police, W-5, All Women Police Station, Vepery, Chennai. – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Raja Kumar Additional Public Prosecutor
For the Respondents: A.Padmanabhan

JUDGMENT

This Criminal Appeal has been preferred as against the Judgment dated

14.09.2023 passed in Spl.S.C.No.77 of 2023 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, thereby acquitted the appellant for the offence punishable under Section 10 of the Protection of Children from Sexual Offences Act , 2012.

2. The case of the prosecution is that the mother of the minor victim girl entered into a second marriage with the accused. While they were residing together in the house of the victim's mother, the accused made the child to sit on his lap and hugged her. Therefore, the mother of the victim shifted her residence in an apartment. While the victim girl was alone at her room, the accused used to touch her and he had also sexually abused her by rubbing her thighs. Further, it is alleged that on 18.12.2022, the defacto complainant, the accused and the victim went out and returned, when the victim girl went to her room, the accused gave a kiss on her lips. Therefore, the victim screamed and informed the same to her mother about the continuous abuse when the victim was alone with the accused in the house.

3. On the receipt of the co

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