Senthil Alias Senthil Kumar v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.11655 of 2025 in Crl.ANo.674 of 2025 Senthil @ Senthil Kumar ... Petitioner

Versus

The State by The Inspector of Police, Nangavalli Police Station, Salem District.

... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence passed judgment dated 07.03.2025 in Special S.C.No.95 of 2019 by the learned Sessions Judge, Principal POCSO Court, Salem, convicting him for the offence under Section 7 r/w 8 of the POCSO Act, and sentenced him to undergo Rigorous Imprisonment of 1 years by enlarging him on bail pending disposal of the above appeal in C.A.No.674 of 2025.

For Petitioner : Mr. M.G. Udayshankar For Respondent : Mr. S. Raja Kumar, Additional Public Prosecutor.

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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.44 of 2018 dated 07.03.2025, and to enlarge the petitioner on bail pending disposal of the above appeal. 2.

The petitioner, who is an accused in Spl.S.C.No.44 of 2018, was convicted and sentenced by the learned Sessions Judge, Principal POCSO Court, Salem, vide Judgment dated 07.03.2025, as follows: Rank of the accused Conviction Sentence Sole accused Section 7 read with 8 of POCSO Act, to undergo rigorous imprisonment for a period of 5 years, along with fine of Rs.1,000/-, in default of payment of fine to undergo further period of rigorous imprisonment for 1 year.

Aggrieved by the same, the present petition has been filed before this Court.

3.

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

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 aged about 16 years at the time of occurrence. 5.

In the result, the petition for suspension of sentence is dismissed. 20.06.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order klt To

1. The learned Sessions Judge, Principal POCSO Court, Salem.

2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Nangavalli Police Station, Salem District. 3/4

G.K.ILANTHIRAIYAN, J.

klt Crl.M.P.No.11655 of 2025 in 20.06.2025 (2/2) 4/4