← Library
Madras High CourtCRL MP/8939/2024dismissed

Jayaraman v. The State Represented By Its

2024-06-24Honourable Mr Justice M.Dhandapani2 pages

Crl.MP.No.8939 of 2024 in Crl.A.No.782 of 2024 M.DHANDAPANI, J.

The present petition has been filed to suspend the sentence imposed in Spl.SC.No.18 of 2022 dated 15.12.2022 on the file of the learned Sessions Judge, Special Court for Exclusive trial of Cases under POCSO Act, chennai and enlarge the petitioner on bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record.

3. The case of the prosecution is that the petitioner is the biological father of the victim child. The petitioner misbehaved with the victim and sexually abused her from the year 2013. Due to fear, the victim has not disclosed to anyone. In the year 2021, based on the complaint lodged by the mother of the victim, the respondent registered a case against the accused for the offence under Section 354, 506(i) IPC and section 9(l)(n) read with 10 of POCSO Act.

4. The learned counsel for the petitioner submitted that he is an innocent and there is no foundational facts to prove the case. Further, the victim is a major at the time of prosecution of the case. Hence, the learned counsel prays to grant of suspension of sentence.

5. The learned Additional Public Prosecutor vehemently opposed to allow this petition.

6. This court perused the 164 statement, in which the victim girl has revealed that accused forced the victim girl and made sexual abused from the year 2013 and threatened the victim girl not to disclose to anyone. https://www.mhc.tn.gov.in/judis

M.DHANDAPANI,J.

rli

7. Considering the gravity of the offence committed by the petitioner, this Court is not inclined to entertain this petition. 8.Accordingly, this petition is dismissed.

24.06.2024 rli Crl.MP.No.8939 of 2024 in Crl.A.No.782 of 2024 https://www.mhc.tn.gov.in/judis