Sabthagiri v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1037 of 2023 Sabthagiri

...Petitioner

Vs.

State represented by Inspector of Police, All Women Police Station, Erode, Erode District (Cr.No.473 of 2020) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence of imprisonment imposed in the judgment dated 29.08.2023 made in Spl.S.C.No.76 of 2021 on the file of the Court of Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode and enlarge the appellant on bail pending disposal of the above criminal appeal.

For Petitioner : Mr.J.Ranjit Kumar 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 Court of Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode in Spl.S.C.No.76 of 2021 vide Judgement dated 29.08.2023.

2. The petitioner herein is an accused in Spl.S.C.No.76 of 2021 on the file of the Court of Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode. He was found guilty of the offences punishable under Section 366 & 506(i) of IPC, Section 9 of Prohibition of Child Marriage Act, 2006, Section 5(1), 5(n), 5(j)(ii), Section 6 of the Protection of Children from sexual offences Act, 2012 and he has been convicted and sentenced to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.5000/- in default to undergo a simple imprisonment for a period of three months.

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 was minor at the time of occurrence. 5.

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

04.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs

To

1. The Court of Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode 2.The Inspector of Police, All Women Police Station, Erode, Erode District.

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

G.K.ILANTHIRAIYAN, J.

Nhs 04.07.2025