Rajesh v. 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.1021 of 2025 Rajesh .....

Petitioner Vs State rep. By The Inspector of Police, Mettupalayam Circle, Puducherry.

Crime No.75 of 2019.

.....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail by suspending the sentence imposed in Spl.S.C.No.32 of 2023 dated 22.04.2025 on the file of the Fast Track Court exclusively to deal with the offences under the Section POCSO Act at Puducherry pending disposal of Criminal Appeal on the file of this Court.

For Petitioner : Mr.M.Rajkumar For Respondent : Mr.K.S.Mohandass Public Prosecutor (Puducherry)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Sessions Judge, Fast Track Court Exclusively to deal with the offences under the POCSO Act, Puducherry, in Spl.S.C.No.32 of 2023 dated 22.04.2025, and enlarge the petitioner on bail pending disposal of the above appeal. 2.

The petitioner, who is an accused in Spl.S.C.No.32 of 2023, was convicted and sentenced by the Sessions Judge, Fast Track Court Exclusively to deal with the offences under the POCSO Act, Puducherry, vide judgment dated 22.04.2025, as follows:

Rank of the accused Conviction under Section Sentence awarded Sole accused 366 of IPC to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.10,000/-, in default, to undergo simple imprisonment for a period of three months.

Section 6 of To undergo 20 years of rigorous

Rank of the accused Conviction under Section Sentence awarded POCSO Act imprisonment for a period of 20 years and to pay a fine of Rs.10,000/- in default, to undergo simple imprisonment for a period of three months.

3.

Heard the learned counsel for the petitioner and the learned Public Prosecutor (Puducherry) 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 15 years at the time of occurrence. 5.

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

21.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1.The Sessions Judge, Fast Track Court Exclusively to deal with the offences under the POCSO Act, Puducherry, 2.The Inspector of Police, Mettupalayam Circle, Puducherry.

3.The Public Prosecutor (Puducherry), High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 21.07.2025 (2/2)