STATE Vs. KATHIR

JUDGEMENT

(1.) Aggrieved over the judgment of acquittal passed by the learned Special Judge under POCSO Act dtd. 25/4/2019 in S.C.No.340 of 2017.

(2.) Originally, the appellant/Police has registered a case against the respondent in Crime No.2 of 2016 for the offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter called as "POCSO Act"] and Sec. 506(ii) of IPC. After investigation, they laid a charge sheet against the respondent before the learned Sessions Judge, Mahila Court/Special Court for Cases Under the POCSO Act/Children's Court, Chennai, since the offence charged against the respondent was against woman, especially a child falls under the POCSO Act. The learned Sessions Judge, had taken cognizance of the charge sheet in S.C.No.340 of 2017 and framed the charge against the respondent.

(3.) In order to prove the case of the prosecution, on the side of the prosecution, as many as 8 witnesses were examined as P.Ws.1 to 8 and marked 12 documents as Exs.P1 to 12. After completion of examination of prosecution witnesses, when incriminating circumstances culled from the evidence of prosecution witnesses were put before the accused by questioning under Sec. 313 Cr.P.C., he denied the same as false and pleaded not guilty. On the side of the defence, no one was examined and no document was marked.