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Madras High CourtCRL MP/5108/2025dismissed

Jeny v. The State Rep By Its, The Inspector Of Police,

2025-07-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.285 of 2025 Jeny

...Petitioner

Vs.

State Rep by its. Inspector of Police, All Women Police Station, Vridhachalam, Cuddalore District - 606 001.

Crime No. 11/2022 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence passed by the Learned Sessions Judge, Special Court for POCSO Act cases, Cuddalore in Spl.S.C.No.108 of 2022 dated 23.10.2024 and release him on bail till the disposal of the appeal.

For Petitioner : Mr.R.Gokulnath For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Special Court for POCSO Act cases, Cuddalore in Spl.S.C.No.108 of 2022 dated 23.10.2024, and enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner, who is an accused in Spl.S.C.No.108 of 2022, was convicted and sentenced by the learned Sessions Judge, Special Court for POCSO Act cases, vide judgment dated 23.10.2024, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 450 of IPC to undergo Vigorous imprisonment for a period of 5 years and to pay fine of Rs.10,000/- in default of the same, to undergo another 3 months of simple imprisonment.

Section 3 & 4 of to undergo Vigorous

Rank of the accused Conviction under Section Sentence awarded imprisonment for a period of 20 years and to pay fine of Rs.1,00,000/- in default of the same to undergo simple imprisonment for a period of 3 years.

3.

Heard the learned counsel for the petitioner and the learned Protection of Children from Sexual Offences Act Additional Public Prosecutor for the respondent. 4.

This Court finds no reasons to suspend the sentence since the Trial Court has gone through the evidence in its entirety and also finds that the petitioner had committed very serious and heinous offence as against the victim girl who is aged about 13 years at the time of occurrence. 5.

In the result, the petition for suspension of sentence is dismissed.

17.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs G.K.ILANTHIRAIYAN, J.

Nhs To

1. The Sessions Judge, Special Court for POCSO Act cases, Cuddalore.

2. The Inspector of Police, All Women Police Station, Vridhachalam, Cuddalore District - 606 001.

3.The Public Prosecutor, High Court of Madras, Chennai-600 104.

in Crl.A.No.285 of 2025 17.07.2025