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Madras High CourtCRL MP/5460/2026dismissed

Ramanathan @ Jaffer v. The Inspector Of Police,

2026-06-29Honourable Dr.Justice Anita Sumanth,Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL MP No. 5460 of 2026 in CRL A NO. 329 OF 2026 Ramanathan @ Jaffer S/o. Vellaiyan, Residential address Alayankulam, Ramanathapuram, Now Confining at Central Prison, Coimbatore.

..Petitioner(s) Vs The Inspector of Police, All Women Police Station, Gudalur, Nilgiris District.

(Crime No.11/2021) ..Respondent(s) Petition filed under Section 374(2) of Cr.P.C. r/w Section 415(2) of BNSS, 2023, to call for the entire records in connection with SC.No.67/2022 by the Mahila Sessions, Fast Track Court at Udhagamandalam by Judgment dated 30.06.2025 and set aside the conviction and sentence imposed against the appellant by the Mahila Sessions, Fast Track Court at Udhagamandalam by Judgment in SPL SC.No.67 of 2022 by Judgment dated 30.06.2025. For Petitioner(s):

Mr.M.Mohamed Saifulla For Respondent(s):

Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) The petitioner has sought suspension of sentence imposed under judgment dated 30.06.2025. The petitioner was found guilty of offences under Sections 5(I), 5(j)(ii) and 6 of the Protection of Children from Sexual Offence Act, 2012 (in short 'POCSO Act') as well as Sections 9 and 10 of the Child Marriage Restraint Act, 1929 and imposed punishment of imprisonment for life. 2.Having heard Mr.M.Mohamed Saifulla, learned counsel for the petitioner and Mr.A.Amarnath, learned counsel for Government of Tamil Nadu (Criminal Side) for the respondent. We found prima facie, that no ground has been made out to assail the impugned judgment. The petitioner was 48 years at the time of occurrence and the victim was around 15 years.

She has borne a child from the petitioner, who is presently about 4 years old. The victim was a hindu and the learned counsel for the Government of Tamil Nadu (Criminal Side) informs us that, he had converted to Islam in order that he may marry the victim. Learned counsel for the respondent also informs us that the petitioner has four children from a prior, subsisting marriage. 3.A2 is the mother of the victim girl, who appears to have facilitated the sordid episodes. She was given punishment of sentence of 160 days under Section 10 of the Child Marriage Restraint Act, 1929 and has served the same.

4.Dismissed. List the appeal in due course.

(A.S.M.,J.) (S.M.,J.) 29-06-2026 vs Index: Yes/No Speaking/Non-speaking order To The Inspector of Police, All Women Police Station, Gudalur, Nilgiris District.

Crime No.11/2021

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

vs CRL MP No. 5460 of 2026 in CRL A NO. 329 OF 2026 29-06-2026