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Madras High CourtCRL MP/12704/2025dismissed

M.Durai v. The State Rep By Its,

2025-07-02Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.758 of 2025 M.Durai .....

Petitioner Vs 1.The State rep by its The Deputy Superintendent of Police, Gingee Police Station, Villupuram.

(Crime No.625 of 2017)

2. M.Parthasarathy The Village Administrative Officer, Arumugam Village, Maduranthakam Taluk, Sakkarapuram, Gingee.

.....

Respondents PRAYER: Criminal Miscellaneous Petition filed under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order suspending the sentences imposed in Spl.S.C.No.52 of 2018 vide the judgment of conviction dated 31.01.2025 passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Caste and Scheduled

Tribes (POA) Act at Villupuram and to enlarge the petitioner/appellant/2nd accused on bail pending disposal of the criminal appeal. For Petitioner : Mr.G.Prabhkaran For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence and conviction dated 31.01.2025 passed in Spl.S.C.No.52 of 2018 by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Caste and Scheduled Tribes (POA) Act, Villupuram and to enlarge the petitioner on bail pending disposal of the criminal appeal.

2.

The petitioner, who is the second accused in Spl.S.C.No.52 of 2018, was convicted and sentenced by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Caste and Scheduled Tribes (POA) Act, Villupuram, vide judgment dated 31.01.2025, as follows: Rank of the accused Conviction under Section Sentence awarded 2nd accused 376(2)(1) of IPC to undergo rigorous

Rank of the accused Conviction under Section Sentence awarded imprisonment for a period of ten years and to pay fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a period of two years 376(2)(m) of IPC to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a period of two years 376(D) of IPC to undergo rigorous imprisonment for a period of 20 years and to pay fine of Rs.1,00,000/-, in default, to undergo rigorous imprisonment for a period of five years.

3.

Heard the learned counsel for the petitioner and the learned Government Advocte (Crl.Side) for the first 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 and the petitioner has failed to make out a prima facie case for grant

of suspension of sentence. Therefore, this Court is not inclined to grant suspension of sentence imposed by the Trial Court.

5. In the result, this Criminal Miscellaneous Petition is dismissed. 02.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Caste and Scheduled Tribes (POA) Act Villupuram 2.The Deputy Superintendent of Police, Gingee Police Station, Villupuram.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 02.07.2025 (2/2)