Nishanth v. The State Rep By, The Inspector Of Police,
`IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1303 of 2025 Nishanth ....
Apellant Vs The State Rep by The Inspector of Police, AWPS, Devala, Nilgiris District.
Crime No.02/2019 ....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to suspend the sentence imposed on the petitioner/Accused by judgement dated 30.04.2025 in Spl.C.C.No.04 of 2020 of the learned Magalir Neethimandram ( Fast Track Mahila Court, Udhagamandalam) Sessions Judge of the Nilgiris at Udahgamandalam and enlarge the petitioner on bail. For Petitioner : Mr.E.V.Chandru @ E.Chandrasekaran For Respondent : Mr.S.Rajakumar Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Magalir Neethimandram ( Fast Track Mahila Court, Udhagamandalam) Sessions Judge of the Nilgiris at Udahgamandalam in Spl.C.C.No.04 of 2020 dated 30.04.2025, and enlarge the petitioner on bail pending disposal of the above appeal.
2.
The petitioner, who is the accused in Spl.C.C.No.04 of 2020, was convicted and sentenced by the Sessions Judge, Magalir Neethimandram ( Fast Track Mahila Court, Udhagamandalam) Sessions Judge of the Nilgiris at Udahgamandalam dated 30.04.2025, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 5(m), 5(l), 6 and 7 & 8 of POCSO Act, 2012 To undergo Rigorous Imprisonment for 20 years and also to pay a fine f Rs.5,000/- ( Rupees Five Thousand Only) in default, to undergo Simple Imprisonment for 3 months and also to pay compensation of Rs.2,00,000/-.
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 aged about 14 years old at the time of occurrence. 5.
In the result, the petition for suspension of sentence is dismissed.
21.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Sma To
1. The Sessions Judge, Magalir Neethimandram ( Fast Track Mahila Court,
Udhagamandalam) 2.The Inspector of Police, AWPS, Devala, Nilgiris District.
3.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN, J.
Sma 21.08.2025 (2/2)