STATE OF TAMIL NADU Vs. ASHOK KUMAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred as against the Judgment dtd. 14/9/2023 passed in Spl.S.C.No.77 of 2023 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai, thereby acquitted the appellant for the offence punishable under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The case of the prosecution is that the mother of the minor victim girl entered into a second marriage with the accused. While they were residing together in the house of the victim's mother, the accused made the child to sit on his lap and hugged her. Therefore, the mother of the victim shifted her residence in an apartment. While the victim girl was alone at her room, the accused used to touch her and he had also sexually abused her by rubbing her thighs. Further, it is alleged that on 18/12/2022, the defacto complainant, the accused and the victim went out and returned, when the victim girl went to her room, the accused gave a kiss on her lips. Therefore, the victim screamed and informed the same to her mother about the continuous abuse when the victim was alone with the accused in the house.

(3.) On the receipt of the complaint from the mother of the victim, the respondent police registered a case in Crime No.09 of 2022 for the offence punishable under Sec. 10 read with 9(n)(m) of the POCSO Act, 2012. After completion of the investigation, a final report was filed and the same has been taken cognizance by the Trial Court.