Sasiraj v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.MP.NO.4067 OF 2023 IN CRL.A.NO.295 OF 2023 Sasiraj ...
Petitioner Vs.
The Inspector of Police Neyveli All Women Police Station Cuddalore District.
(Crime No.17 of 2021) ...
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the execution of the sentence against the petitioner / accused by the Spl.S.C.No.21 of 2022 on the file of Learned Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, dated 30.01.2023 and enlarge the petitioner on bail, pending disposal of the appeal. For Petitioner :
Mr.P.Muthamizh Selvakumar For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor 1/6
O R D E R
The petitioner, who is an accused in Spl.S.C.No.21 of 2022 on the file of Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, seeks suspension of his sentence of imprisonment. 2.The Trial Court, by judgment dated 30.01.2023, passed in Spl.S.C.No.21 of 2022, convicted the petitioner for the offences punishable under Sections 366 IPC and Section 5(l) and 6 of POCSO Act, 2012 and sentenced him as extracted hereunder.
Conviction under Section Sentence Sec.366 IPC 10 years Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 3 months Simple Imprisonment.
Sec.5(l) and 6 of POCSO Act, 2012 10 years Rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo 3 months simple imprisonment.
The above said sentence of imprisonments were ordered to run concurrently. 3.Challenging the judgment of conviction and sentence, the petitioner preferred the present Criminal Appeal along with the instant petition, seeking to suspend the sentence of imprisonment. 4.The learned counsel for the petitioner submitted that there is a 2/6
love affair between the petitioner and the victim and it is deposed by the victim herself before the Trial Court that she had love affair with the accused. Hence, there are arguable points in this Criminal Appeal. He further submitted that now the petitioner is in judicial custody from 31.01.2023 and thus, prays for suspension of sentence.
5.The learned Additional Public Prosecutor for the respondent also admits that there is a love affair between the accused and the victim. 6.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the impugned judgment and the materials available on record. 7.Taking into consideration of the above submission of the learned counsels appearing on both sides, this Court finds that the petitioner has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.
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8. Accordingly, it is ordered as follows.
(i) The substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.
(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(iii) The petitioner shall appear before the 4/6
Trial Court, as and when required.
21.03.2023 (2/2) TK To 1.The Sessions Judge Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.
2.The Superintendent Central Prison Cuddalore.
3.The Public Prosecutor High Court of Madras Chennai.
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V.SIVAGNANAM , J.
TK CRL.MP.NO.4067 OF 2023 IN CRL.A.NO.295 OF 2023 21.03.2023 (2/2) 6/6