(1.) In this appeal as filed on behalf of the State the judgement and order of acquittal dated November 16, 2021 as passed in Special Trial No. 21 of 2015 arising out of Special Case No. 20 of 2015 by the Learned Special Judge (POCSO) Andaman & Nicobar Islands, Port Blair has been impugned. By the said judgement learned Trial Court found the accused not guilty under Ss. 363/342 IPC and under Sec. 9/10 of the POCSO Act, 2012 and thus acquitted him under Sec. 235 (1) Cr. P.C.
(2.) The State felt aggrieved and thus preferred the instant appeal after obtaining a leave from this Court under Sec. 378 (3) of Cr.P.C.
(3.) For effective adjudication of the instant appeal the facts leading to the initiation of the aforementioned Sessions Trial is required to be dealt with in a nutshell. One X (name not disclosed a per direction of the Hon'ble Apex Court since the victim is a child) a female child of Nine years old of Y place and a student of Class V was taken before the Child Line Team and before the said Child Line Team the said X stated that she used to live with her mother and her brother in the village 'Z'.