Madras High Court
CRL A/1234/2026 of Vellaiayathevan Vs State Represented by Inspector of Police on 6 October 2026
CRL A No. 1234 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 1234 of 2026
& CRL MP Nos. 19216 & 19217 of 2026
CNR: {HCMA012374292026}
Vellaiyathevan
..Appellant(s)
Vs
The State Rep. by
The Inspector of Police,
All Women Police Station,
Virudhachalam.
Cr.No.15 of 2023
..Respondent(s)
Prayer: The Criminal Appeal is filed under Section 14 A (2) of Scheduled Castes and Scheduled Tribes Amendment Act, 2015, to call for the records and set aside the order dated 22.09.2026 passed in Crl.M.P.No.321 of 2025 in Spl.S.C.No.25 of 2025 on the file of the Learned Special Judge for Exclusive Trial of cases under POCSO Act, Cuddalore.
For Appellant(s):
Mr.V.Krishnamoorthy
For Respondent(s):
Ms. Sharada Vivek,
Additional Public Prosecutor
Asst. by. Mr.M.Arul Raj
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JUDGMENT
The appeal challenges the order passed by the learned Special Judge for Exclusive Trial of cases under POCSO Act, Cuddalore dismissing the appellant’s application for discharge. The appellant is accused of committing
CRL A No. 1234 of 2026
offences under Section 9(f) r/w 10 of POCSO Act, Section 342 of IPC and Section 3(1)(w)(ii) of SC/ST Act.
2. It is the case of the prosecution that the appellant was working as a Physics Teacher; that he had touched the victim girl inappropriately on her shoulder and breasts; and committed the aforesaid offences.
3. The trial Court had dismissed the petition on the ground that grave suspicion is sufficient to frame charge; that the Section 164 Cr.P.C., statement of the victim suggests more than grave suspicion; and hence, the appellant would not be entitled to discharge.
4. Mr.V.Krishnamoorthy, learned counsel for the appellant however, would submit that the Section 164 Cr.P.C., statement of the victim girl would clearly demonstrate that the allegations are false; that the victim was aggrieved by the fact that the appellant had asked her to lift a stone; and in fact, the door was open.
5. This Court is of the view that the evidence of the victim cannot be appreciated at this stage. It is well settled that even grave suspicion is sufficient to frame charge. The victim had stated in her evidence that the appellant had touched her inappropriately. Whether the victim could be believed or not is a
CRL A No. 1234 of 2026
question of fact to be determined by the trial Court. Therefore, there is no merit in the appeal.
6. Therefore, the Criminal Appeal is dismissed. Consequently, the connected miscellaneous petitions are closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG To
1. The Special Judge for Exclusive Trial of cases under POCSO Act, Cuddalore.
2. The Inspector of Police, All Women Police Station, Virudhachalam. Cr.No.15 of 2023.
3. The Public Prosecutor, Madras High Court.
CRL A No. 1234 of 2026
SUNDER MOHAN, J. TSG CRL A No. 1234 of 2026 & CRL MP Nos. 19216 & 19217 of 2026 06-10-2026