Rajkumar v. The State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.04.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.No.1039 of 2025 in Crl.A.No.99 of 2025 -- Rajkumar, S/o Murugan .. Appellant/accused Vs.

The State represented by its The Inspector of Police, Dharapuram, All Women Police Station, Tiruppur-638 106 (Crime No.7 of 2021) .. Respondent/complainant Criminal Miscellaneous Petition filed under Section 430 of the BNSS praying to suspend the sentence imposed in the Special C.C.No.93 of 2021, dated 11.07.2023 on the file of the Sessions Court, Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur and enlarge the petitioner on bail, until the pending disposal of the Criminal Appeal.

For petitioner : Mr.S.Manoharan For respondent: M/s.G.V.Kasthuri, Addl.P.P.

ORDER

Challenging the conviction and sentence imposed on the 1 / 4

petitioner/accused, the accused has filed the Criminal Appeal and pending disposal of the Criminal Appeal, this miscellaneous petition has been filed by him to suspend the sentence ordered in Spl.S.C.No.93 of 2021, dated 11.07.2023 on the file of the Sessions Court, Magalir Neethi Mandran (Fast Track Mahila Court), Tiruppur.

2. Heard both sides and perused the materials available on record.

3. The accused is convicted for the offence under Section 449 of IPC and sentenced to undergo ten years rigorous imprisonment, with fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for six months. He was also convicted for the offence under Section 506 (Part-1) IPC, and sentenced to undergo rigorous imprisonment for two years and for the offence under Section 5(j)(ii) read with Section 6 of the POCSO Act, he is sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.2,500/-, in default, to undergo rigorous imprisonment for six months.

4. On a reading of the statement of the victim/P.W.1, it is clear that the offences were committed while the victim was 16 years and that the offences alleged are grave in nature. Hence, this Court is not inclined to suspend the 2 / 4

sentence. This petition is accordingly dismissed.

5. Registry is directed to prepare the typed set of papers and list the appeal itself for final disposal after four weeks. 07.04.2025 cs To

1. The Inspector of Police, Dharapuram, All Women Police Station, Tiruppur-638 106 (Crime No.7 of 2021)

2. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs Crl.M.P.No.1039 of 2025 in Crl.A.No.99 of 2025 07.04.2025 4 / 4