RAJAMOHAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed to set aside the judgment and conviction passed by the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai in Spl.S.C.No.135 of 2019 dtd. 17/7/2023 and acquit the appellant.

(2.) The appellant who is the sole accused in Spl.S.C.No.135 of 2019 on the file of the learned Special Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, has filed this appeal challenging the conviction and sentence imposed on him for the offence under Sec. 9[m] r/w 10 of the Protection of Children from Sexual Offences Act, by the impugned order dtd. 17/7/2023.

(3.) Prosecution Case: The appellant is the neighbour of the victim girl. On 9/4/2019 at about 05.00 pm, when the victim girl went to the house of one Mary to take a plastic bucket, the appellant grabbed the hand of the victim girl and shut her mouth and kissed on her cheek and bit the cheek. Therefore, the mother of the victim girl, P.W.1, gave a complaint before the jurisdictional police station and on receipt of the same, the respondent police registered the case in Crime No.13 of 2019 for the offence under Ss. 9[m] r/w 10 of Protection of Children from Sexual Offences Act. The investigating officer conducted the investigation and arrested the accused and collected the materials and filed the final report before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai. The same was taken on file in Special Spl.S.C.No.135 of 2019.