IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2026 CORAM THE HONOURABLE MR. JUSTICE SUNDER MOHAN Selvaraj ..Appellant/Sole Accused Vs.

The State Rep. By Inspector of Police, Kannankurichi Police Station, Salem City (Cr.No.40/2019) ..Respondent Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to set aside the Judgment passed in Spl.S.C.No.09/2020 dated 31.05.2022 on the file of Sessions Judge, Special Court for POCSO cases, Salem.

For Appellant :: Mr.M.Subash For Respondents :: Mr.S.Raja Kumar Additional Public Prosecutor

J U D G M E N T

The appeal challenges the conviction and sentence imposed on the appellant for the offences under Section 9(m) r/w 10 of the POCSO Act.

2.(i)The gist of the prosecution case is that the appellant is closely related to the victim girl aged about 5 years at the time of occurrence; that he had committed aggravated sexual assault by hugging her inappropriately and touching her genital parts, besides biting and touching her genital parts and thus committed the aforesaid offences.

(ii)The alleged occurrence is said to have taken place on

04.02.2019 at 3.30 p.m.. The victim PW2, who went to purchase curd packet did not return; that thereaf