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Pushpa v. Balubharathi

Madras HC14 Oct 2025CRL OP(MD)/14407/2025

Case brief

AI extract

What is this about?

Leave to appeal against acquittal; Section 419(4) BNSS; Sections 5(l)(m)(n) r/w 6 POCSO Act; Section 506(i) IPC; Spl.S.C.No.66 of 2024, Special Court (POCSO Act cases), Dindigul, judgment dated 27.12.2024; Crime No.7 of 2024, Vadamadurai All Women Police Station; petitioner Pushpa (C.M.Arumugam); respondents Balubharathi (K.Vamanan) and State of Tamil Nadu (B.Thanga Aravindh, Government Advocate); counsel urged non-consideration of evidence of P.W.1, P.W.2 and P.W.9; leave granted 14-10-2025 by K. Murali Shankar, J.; appeal to be numbered if in order.

What did the court decide?

Leave granted to file the criminal appeal against the acquittal; Registry directed to number the appeal, if it is otherwise in order, and list the matter in the usual course. ¶30

Pushpa Vs Balubharathi — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.OP(MD)No.14407 of 2025 in CrlA(MD)SR.No.32156 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14-10-2025

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CORAM

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THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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Crl O.P(MD) No.14407 of 2025 in Crl A(MD) SR.No.32156 of 2025

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Pushpa

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: Petitioner/Appellant

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1.Balubharathi

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2.Stat of Tamil Nadu rep.by the Inspector of Police, Vadamadurai All Women Police Station, Crime No.7 of 2024. : Respondent/Respondent

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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.

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For Petitioner : Mr.C.M.Arumugam, Advocate.

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For Respondents : Mr.K.Vamanan, for R1.

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

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.14407 of 2025 in CrlA(MD)SR.No.32156 of 2025

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ORDER

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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.

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Heard the learned counsel appearing for the petitioner, learned counsel

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appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the State.

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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.

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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.

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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

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.14407 of 2025 in CrlA(MD)SR.No.32156 of 2025

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

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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

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https://www.mhc.tn.gov.in/judis

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Crl.OP(MD)No.14407 of 2025 in CrlA(MD)SR.No.32156 of 2025

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K.MURALI SHANKAR.J.,