Vinoth v. State, 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.271 of 2025 Vinoth ....

Appellant Vs The State Rep by The Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.

Crime No.2514/2020 ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to suspend the sentence imposed in the conviction judgement dated 05.02.2025 passed in Spl.S.C.No.46 of 2022 on the file of the Special Court ( POCSO Act Cases), Sessions Judge, Tiruvannamalai District and enlarge the petitioner on bail. For Petitioner : Mr.S.Silambuselvan 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 Special Court (POCSO Act Cases), Sessions Judge, Tiruvannamalai District in Spl.S.C.No.46 of 2022 dated 05.02.2025, and enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner, who is the accused in Spl.S.C.No.46 of 2022 was convicted and sentenced by the Special Court (POCSO Act Cases), Sessions Judge, Tiruvannamalai District dated 05.02.2025, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 366 of IPC To undergo five years rigorous imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine, to undergo six months Simple Imprisonment 376(2)(n) of IPC read with Section 5(l) and 6 of POCSO Act, To undergo twenty years rigorous imprisonment and to pay fine of Rs.1000/- and in default of payment of fine to undergo further two years simple imprisonment 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.

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. Special Court ( POCSO Act Cases), Sessions Judge, Tiruvannamalai District

2.The Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.

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

G.K.ILANTHIRAIYAN, J.

Sma 21.08.2025