IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.01.2026 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN Kuttiyandi ..Appellant Vs.

1.State represented by The Inspector of Police, Thavalakuppam P.S.

Pondicherry.(Cr.No.9/2021)

2.XXXX XXXXX XXXXX Puducherry – 605 007. ..Respondents (R2/defacto complainant is impleaded as per the order of this Court dated 09.01.2026 in Crl.M.P.No.311 of 2026 in Crl.A.No.15/2024)

Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, to set aside the Judgment and order of conviction and sentence dated 04.04.2023, passed in Special SC.No.47/2023 by the Special Court, Pondicherry, therby acquitting the accused.

For Appellant :: Mr.R.Sankarasubbu For Respondents :: Mr.M.V.Ramachandra Murthy, Public Prosecutor (Puducherry)

for R1 Mr.R.Vivekanandan for R2

J U D G M E N T

The appeal challenges the conviction and sentence imposed on the appellant for the offences under Section 10 of the POCSO Act and Section

506(i) of IPC.

2.(i) The case of the prosecution is that in the Month of May 2019, the appellant had committed aggravated sexual assault on the victim girl, aged about 10 years at the time of occurrence, by touching her privat