INSPECTOR OF POLICE, UPPLIYAPURAM POLICE STATION Vs. MANIKANDAN

JUDGEMENT

(1.) The State preferred this criminal appeal against the acquittal judgment dtd. 29/10/2020 passed in Spl. S.C. No. 26 of 2018.

(2.) The victim is the daughter of PW1. She was kidnapped by the respondent on 22/12/2017 at 3.00 a.m, and he had committed aggravated penetrative sexual assault on her and thereafter he dropped her in her house. Therefore, the appellant police registered a case in Crime No.301 of 2017 for the alleged offence under Ss. 366 @ 366A IPC r/w 5 and 6 of POCSO Act, 2012. The investigating Officer conducted investigation and filed the final report before the learned Special Judge. The learned Special Judge summoned the accused and served the copies under Sec. 207 Cr.P.C and framed charges and questioned the respondent. The respondent denied the charges and pleaded not guilty and he stood for trial.

(3.) To prove the charges, the prosecution examined PW.1 to PW.18 and marked the Ex.P1 to Ex.P16. During the course of the trial, the victim girl was dead and hence, she was not examined. The learned trial Judge questioned the accused on the basis of the material adduced by the prosecution under Sec. 313 Cr.P.C and the respondent/accused denied the same as false and he did not examine any witness on his side to prove the case.