Govindharaj v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10410 of 2025 in Crl.A.No.563 of 2025 Govindharaj

...Petitioner

Vs.

The State Rep By The Inspector of Police Erode Taluk, Erode District (Crime No.519/2020) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 r/w 483 of BNSS, to suspend the sentence of imprisonment imposed in the judgment dated 27.02.2025 made in Spl.SC.no.8 of 2021 on the file of the Sessions Judge, Magalir Needhi Mandram, Fast Track Mahila Court, Erode and enlarge the petitioner on bail pending disposal of the above criminal appeal before this Court.

For Petitioner : Mr.M.Guruprasad For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor 1/4

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence of imprisonment imposed in the judgment dated 27.02.2025 made in Spl.SC.no.8 of 2021 on the file of the Sessions Judge, Magalir Needhi Mandram, Fast Track Mahila Court, Erode and to enlarge the petitioner on bail pending disposal of the above criminal appeal before this Court.

2.

The case of the prosecution is that the accused forcibly had sexual intercourse with the minor victim girl. The complaint culminated in Spl.SC.No.53 of 2021 on the file of the Sessions Judge, Magalir Needhi Mandram, Fast Track Mahila Court, Erode. After full-fledged trial, he was convicted and sentenced vide judgment dated 27.02.2025, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused Section 3 punishable under Section 4 of POCSO Act to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for three months 3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 2/4

4.

On perusal of records, 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 minor girl, who was aged about 16 years at the time of occurrence.

5.

In the result, this petition is dismissed.

06.06.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

3/4

lok To 1.The Sessions Judge, Magalir Needhi Mandram, Fast Track Mahila Court, Erode 2.The Inspector of Police Erode Taluk, Erode District 3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.M.P.No.10410 of 2025 in Crl.A.No.563 of 2025 06.06.2025 (2/2) 4/4