Azhagan @ Prabhu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022 CORAM :

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.1876 of 2022 in Crl.A.No.146 of 2022 Azhagan @ Prabhu .. Petitioner Vs State Rep. By The Inspector of Police, All Women Police Station, Kondalampatti, Salem District.

(Crime No. 12 of 2013) .. Respondent Petition filed under Section 389 (1) of Cr.P.C against the order dated 29.06.2018 made in SPL S.C.No.23 of 2015 on the file of Sessions Judge, Mahila Court, Salem.

For Petitioner: Mr.S.Jeyakumar For Respondent: Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

1.

This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment and order dated 29.06.2018 in S.C.No. 23 of 2015 on the file of Sessions Judge, Mahila Court, Salem.

2.

Learned counsel appearing on behalf of the petitioner submitted that on a perusal of the evidence of P.W.1, it would be clear that she is more than 15 years of age and the act was consensual in nature. Therefore, he would pray that in view of the prolonged incarceration of the petitioner from the year 2018, sentence be suspended.

3.

Learned Government Advocate (Criminal Side) would submit that a perusal of evidence of P.W.1 would show that it was the forcible intercourse. The accused is a married man. P.W.1 has categorically deposed that she was threatened and by forcibly thrusting cloth in her mouth, the offence was committed. 4.

Upon consideration of the nature of offence, I am of the view that the allegation prima facie is of forced sexual assault, that too on a disabled victim and I do not see any prima facie case for grant of suspension of sentence. Accordingly, the criminal miscellaneous petition is dismissed. However, considering the fact that the petitioner is under incarceration from the year 2018, Registry is directed to list the Criminal Appeal for final hearing on 08.07.2022.

-sd/- 14/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SESSIONS JUDGE MAHILA COURT, SALEM.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KONDALAMPATTI, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.

5 THE SECTION OFFICER CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S. S.JEYAKUMAR Advocate on payment of necessary charges Order in CRL MP.1876/2022 in CRL.A.146/2022 Date :14/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 20/06/2022