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2026 DAILYLAW 46451 (MAD)

State of Tamil Nadu Rep by, The Inspector of Police, v. Jeevanandham

CRL OP/16513/2026 · 2026-06-30

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.16513 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2026 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 16513 of 2026 State of Tamil Nadu Rep., by, The Inspector of Police, Alandurai Police Station, Coimbatore District. (Crime No. 132 of 2022) ... Petitioner Vs. Jeevanandham ... Respondent To grant leave to file an appeal before this Court against the judgment of the acquittal of the respondent / accused passed by the learned Principal Special Court for POCSO Act, Coimbatore District in Spl.S.C.No.174 of 2022 dated 23.06.2025. For Petitioner : Ms. Sharada Vivek, Government Advocate O R D E R This Criminal Original Petition has been filed seeking leave to prefer an appeal against the judgment of acquittal passed by the learned Principal Special Court for POCSO Act, Coimbatore, in Spl.S.C.No.174 of 2022 dated 23.06.2025. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16513 of 2026 2. The State seeks leave to challenge the judgment of acquittal rendered in Spl.S.C.No.174 of 2022, dated 23.06.2025. 3. The primary contention of the learned Government Advocate is that PW1 is the victim, a minor girl, whose date of birth is 10.10.2012. She was about nine years old at the time of the occurrence and was studying in the 4th Standard. The respondent, who is the neighbour of the victim, allegedly entered the victim’s house on three occasions, removed her school uniform and sexually assaulted her. Thereafter, the victim informed her mother (PW2), who subsequently lodged the complaint. 3.1. The learned Government Advocate further submitted that PW1 and PW2 have consistently deposed regarding the aggravated sexual assault committed by the respondent. It was contended that the trial Court erred in disbelieving their evidence and acquitting the respondent on the basis of minor contradictions, overlooking the statutory presumption available under the POCSO Act. It was further submitted that the victim, being a minor, has clearly deposed about the acts constituting the sexual assault. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16513 of 2026 4. Considering the submissions made by the learned Government Advocate and upon perusal of the materials available on record, this Court is of the view that the petitioner has made out sufficient grounds for grant of leave to appeal. 5. Accordingly, leave is granted. 30.06.2026 Neutral Citation: Yes/No AT To 1.The Principal Special Court for POCSO Act, Coimbatore. 2.The Inspector of Police, Alandurai Police Station, Coimbatore. 3.The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16513 of 2026 M.NIRMAL KUMAR, J. AT Crl. O.P. No. 16513 of 2026 30.06.2026 4/4 https://www.mhc.tn.gov.in/judis