1. Aggrieved by the judgment and order passed by the learned Special Judge (POCSO), Jalgaon dated 11-04-2017 acquitting respondent from offence under Section 354-A(1) of the Indian Penal Code (IPC) and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, State has preferred instant appeal.
SUBMISSIONS On behalf of State :
2. Briefing this Court regarding the charge framed against {2} CRI APPEAL158 OF 2018 respondent accused and even taking this Court through the evidence adduced in the trial Court, learned APP submitted that accused is a teacher. Victim was his student. That during class, he sat near victim and touched her inappropriately i.e. pressed her breast. That complaint was promptly lodge of occurrence dated 20-12-2014. That mother to whom victim narrated the incident lodged FIR and she has stepped in the witness box. That prosecution had examined seven witnesses including school authorities and victim herself, however, inspite of clear and cogent evidence regarding victim, a minor, being sexually assaulted, learned trial Judge has unfortunately acquitted respondent. That there is apparently improper appreciation of evidence. That findings are not supported by sound reasons and rather not in consonance with the evidence and hence, he prays to set aside the impugned judgment date 11-04-2017 by allowing the appeal.