Ajith v. The State Rep. By

`IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1020 of 2025 Ajith ....

Petitioner Vs The State Rep by The Inspector of Police, G-2, Pudumund Police Station, Ooty, The Nilgris Crime No.75/2022 ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to suspend the sentence passed in the judgment dated 07.03.2024 by the learned Sessions Judge of Magalir Needhimandram (FTMC) Uthagamandalam in Special C.C.No.26 of 2023 by enlarging him on bail pending disposal of the above appeal.

For Petitioner : Mr.S.Santha Kumari 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 Needimandram (FTMC), Uthagamandalam in Spl.C.C.No.26 of 2023 dated 07.03.2024, and enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner, who is the accused in Spl.C.C.No.26 of 2023, was convicted and sentenced by the Sessions Judge, Magalir Needimandram (FTMC), Uthagamandalam, vide judgment dated 07.03.2024, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 366(A) of IPC To undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for one year.

Section 506 (i) of IPC To undergo Rigorous Imprisonment for two years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for six months Section 5(I), 4(m) r/w 6 of the POCSO Act To undergo Rigorous Imprisonment for twenty years and to pay a fine of Rs.10,000/- in default, to undergo simple imprisonment for three years.

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 8 years old at the time of occurrence. 5.

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

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To

1. The Sessions Judge, Magalir Needimandram (FTMC), Uthagamandalam 2.The Inspector of Police, G-2, Pudumund Police Station, Ooty, The Nilgris 3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

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