SELVI Vs. NAGARAJ

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order of acquittal passed in Special Case No.1 of 2013 dated 06.03.2018 on the file of the Sessions Judge, Mahila Court, Chengalpattu and convict the accused persons for the offences charged against them.

(2.) The third respondent herein registered a case against the respondents 1 and 2 for the offences under Section 354, 506(i) I.P.C and Section 4 of Tamil Nadu Women Harassment Act and Sections 8, 9(c) (F) r/w 10 and 11 (1) r/w.12 Protection of Children from Sexual Offences Act-2012. The third respondent, after registering the case, investigated the matter and filed a charge sheet. The charge sheet was taken on file in Special Case No.1/2013 on the file of the learned Sessions Judge, Mahila Court, Chengalpet. The learned Sessions Judge framed charges against the first respondents for the offence under Section 8 and 12 of the POCSO Act and against the second respondent for the offence under Section 12 of the POCSO Act. In order to prove the case of the prosecution, on the side of the prosecution 31 witnesses were examined as PW1 to PW31 and 37 documents were marked as Exs.P1 to P37. After completing the prosecution side witnesses, incriminating circumstances were culled out from the witnesses and the same were put before the respondents 1 and 2. They denied as false. On the side of the defence two witnesses were examined as DW1 and DW2 and two documents were marked as Exs.R1 and R2.

(3.) After completing the trial and hearing arguments on either side, the learned Sessions Judge acquitted the respondents 1 and 2 and found that they were not guilty. Challenging the said Judgment of acquittal, one of the mother of the victim, namely, Selvi has filed the present appeal before this Court.