Leave to appeal granted against POCSO acquittal due to trial court's erroneous disregard of victim's testimony and Section 29 presumption.

Prayer : Criminal Original Petition filed under Section 419 of BNSS, praying to grant leave to file an appeal before this Court, against the acquittal judgement passed by the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chengalpattu in Spl.SC.No.63 of 2020 dated 16.04.2025.

For Petitioner : Ms.J.R.Archana, Government Advocate (Criminal Side)

For Respondent : Mr.R.Chellamuthu

ORDER

This Criminal Original Petition has been filed seeking to grant leave to file an appeal before this Court, against the acquittal judgement dated 16.04.2025 passed by the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Chengalpattu in Spl.SC.No.63 of 2020.

2. The learned Government Advocate (Criminal Side), appearing for the petitioner/State submitted that the respondent/accused, a Computer Science teacher, took advantage of the victim girl’s vulnerability and kissed her on her lips while she was alone in the computer lab. She further submitted that despite the cogent testimony of the victim girl and the statutory presumption under Section 29 of the POCSO Act, the Trial Court acquitted the respondent/accused by relying on flimsy contradictions between the evidence of P.W.1 (mother of the victim girl/de facto complainant) and P.W.2 (victim girl) and minor discrepancies. Hence, she prays for grant of leave to file an appeal.

3. Satisfied with the reasons stated by the learned Government Advocate (Criminal Side), appearing for the petitioner/State for filing this petition, leave is granted and this Criminal Miscellaneous Petition stands ordered as prayed for.

4. Registry is directed to number the Criminal Appeal, if the papers are otherwise in order and list the same for admission in the usual course.