Madras High CourtCRL OP(MD)/14407/2025ordered

Pushpa v. Balubharathi

2025-10-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-10-2025

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR Crl O.P(MD) No.14407 of 2025 in Crl A(MD) SR.No.32156 of 2025 Pushpa : Petitioner/Appellant Vs 1.Balubharathi 2.Stat of Tamil Nadu rep.by the Inspector of Police, Vadamadurai All Women Police Station, Crime No.7 of 2024.

: Respondent/Respondent This Criminal Miscellaneous Petition filed under Section 419(4) of BNSS, to grant leave to the petitioner to file the criminal appeal as against the judgment passed in Spl.S.C.No.66 of 2024 on the file of the Special Court (POCSO Act cases) Dindigul, dated 27.12.2024.

For Petitioner : Mr.C.M.Arumugam, Advocate. For Respondents : Mr.K.Vamanan, for R1.

: Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) for R2.

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ORDER

The above petition has been filed seeking leave to file the criminal appeal challenging the judgment of acquittal made in Spl.S.C.No.66 of 2024, dated 27.12.2024 on the file of the Special Court (POCSO Act cases) Dindigul.

2. Heard the learned counsel appearing for the petitioner, learned counsel appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the State.

3. The second respondent has filed the final report against the first accused for the offences under Sections 5(l)(m)(n) r/w 6 of POCSO Act and Section 506(i) of IPC.

4.The learned counsel for the petitioner would submit that the trial Court has not considered the evidence of P.W.1, P.W.2 and P.W.9 and without considering the evidence in proper perspective has proceeded to acquit the accused. 5.The learned counsel for the first respondent would submit that the learned trial Judge, considering the evidence available on record, has rightly come to a 2/4

decision that the prosecution has failed to prove the charges and acquitted the accused.

6.Considering the facts and circumstances of the case and taking note the reasons assigned, this Court is inclined to grant leave to the petitioner. Accordingly, leave is granted. Registry is directed to number the appeal, if it is otherwise in order and list the matter in the usual course. 14-10-2025 das 3/4

K.MURALI SHANKAR.J., das Crl O.P(MD) No.14407 of 2025 in Crl A(MD) SR.No.32156 of 2025 14.10.2025 4/4