MURUGAYEE Vs. STATE

JUDGEMENT

(1.) The defacto complainant in Special S.C No.14 of 2018 on the file of the Fast Track Mahila Court/Sessions Court, Theni filed this appeal questioning the judgment of acquittal dtd. 20/5/2019. The second respondent herein, Saravanan was charged with offences under Ss. 6 of the POCSO Act, 2012 and Sec. 305 of IPC. By the impugned judgment, he was acquitted of both the charges.

(2.) The case of the prosecution is as follows :

(3.) It is only the de facto complainant who has filed the appeal and the State did not choose to challenge the judgment of acquittal. However, the learned Additional Public Prosecutor strongly supported the stand of the learned counsel for the appellant. They submitted that the DNA report is a clinching piece of evidence and that the court below disregarded the same by citing frivolous reasons. They called upon this Court to reverse the impugned judgment and find the accused guilty of the offences with which he was charged and sentence him appropriately.