Azhaguvel v. State Rep. By

Crl.M.P.No.9927 of 2024 in Crl.A.No.187 of 2024 M.DHANDAPANI, J.

This Criminal Miscellaneous petition has been filed u/s 389(1) of Cr.P.C, seeking to suspend the sentence and grant bail to the petitioner/appellant for the conviction and sentence imposed in Spl.S.C.No.78 of 2020 dated 29.07.2022 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, pending disposal of the above criminal appeal.

2. Heard learned counsel on either side.

3. A perusal of the order of conviction dated 29.07.2022 made in Spl.S.C.No.78 of 2020 reveals that, the petitioner/appellant was convicted for the offence under Sections 5(m) and 6 of POCSO Act, 2012 and he was sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.2,000/- and in default to pay the fine amount, he was sentenced to undergo simple imprisonment for a further period of 3 months.

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4. It is pertinent to note that the victim girl was aged about only 8 years at the time of occurrence and sexual offences against women, more particularly, girl child is increasing. The menace to the society by such unscrupulous elements is more and whenever suspension of sentence is sought for this Court has to be very circumspect in granting suspension. Suspension has to be granted only if a prima facie case is made out, where contradictions, which are crucial in nature are pointed out. In the case on hand, such crucial contradictions have not been pointed out and in such view of the matter, suspending the sentence, as a matter of course, will set a bad precedent in the society. Therefore, this Court is not inclined to accede to the prayer of the petitioner/appellant seeking suspension of sentence.

5. Hence, this Court is not inclined to suspend the sentence of imprisonment against the petitioner in Special Sessions Case No.78 of 2020 dated 29.07.2022 and accordingly, this Criminal Miscellaneous Petition stands dismissed.

6. Post the main appeal in Crl.A.No.187 of 2024 for final hearing as per seriatum.

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To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.

2.The Public Prosecutor, High Court of Madras.

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M.DHANDAPANI , J.

sp Crl.M.P.No.9927 of 2024 in Crl.A.No.187 of 2024 11.07.2024 Page No.4 of 4