Ganesh @ Rajaganesh v. The State Rep. By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.830 of 2025 Ganesh @ Rajaganesh

...Petitioner

Vs.

The State Rep. by The Inspector of Police, All women police station, Salem Town, Salem District.

(Crime No.16 of 2020) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 to suspend the sentence imposed on the petitioner by the Sessions Judge, Principal POCSO Court, Salem in Spl.S.C.No.35 of 2021 dated 27.02.2025 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal. For Petitioner : Mr.S.Esakkimuthu 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, Principal POCSO Court, Salem, in Spl.S.C.No.35 of 2021 dated 27.02.2025, and enlarge the petitioner on bail pending disposal of the above criminal appeal.

2.

The petitioner, who is an accused in Spl.S.C.No.35 of 2021, was convicted and sentenced by the learned Sessions Judge, Principal POCSO Court, Salem, vide judgment dated 27.02.2025, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 366 A IPC to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.1,000/-, in default to undergo rigorous imprisonment for a period of one year 342 IPC Imposed fine of Rs.1000/-,in default to undergo rigorous imprisonment for a period of six months to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1,000/-, in default to undergo rigorous imprisonment for a period of one year Aggrieved by the same, the petitioner has filed this appeal along with the 5(I) read with 6 of POCSO Act,

present miscellaneous petition.

3.

Heard the learned counsel for the petitioner and the learned 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 a ged about 15 years at the time of occurrence. 5.

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

09.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1.The Sessions Judge, Principal POCSO Court, Salem 2.The Inspector of Police, All women police station, Salem Town, Salem District.

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

G.K.ILANTHIRAIYAN, J.

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