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Madras High CourtCRL A/85/2023partly allowed

Jagan v. The State Rep By Its The Inspector Of Police

2025-08-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN ADVANCE JUDGMENT IN Jagan ... Appellant Vs The State Rep By Its The Inspector of Police, All Women Police Station, Sathyamangalam, Erode District.

(Crime No.1/2019)

...Respondent

PRAYER : Criminal Appeal has been filed under Section 374(2) of Criminal Procedure Code, to setaside the conviction and sentence passed in Spl.SC No. 25 of 2019 by the Session Judge, Magalir Neethimandram (Fast Track Mahila court) Erode, Erode district.

For Appellant : Mr.V.Perarasu legal aid counsel For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ADVANCE JUDGMENT This Criminal Appeal is partly allowed and the order passed in Spl.SC No.25 of 2019 by its Judgment dated 17.04.2021, on the file of the Session Judge, Magalir Neethimandram (Fast Track Mahila court) Erode, Erode district, is hereby modified to the effect that the appellant is convicted under Section 7 read with 8 of the POCSO Act and the sentence imposed on the appellant is hereby reduced to the period of incarceration which was already undergone by the appellant, since the appellant is in incarceration for a period of more than five years.

2. It is reported by the learned counsel on either side that the appellant is now in incarceration. The appellant is directed to be set at liberty forthwith unless his custody is otherwise required in connection with any other case. The fine amount, if any, paid by the appellant shall be refunded. Bail bond, if any, executed by the appellant shall stand cancelled.

3. The detailed order will follow.

01.08.2025 (1⁄2) Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No mn

To

1. The Session Judge, Magalir Neethimandram (Fast Track Mahila court) Erode, Erode district.

2. The Inspector of Police, All Women Police Station, Sathyamangalam, Erode District.

3. The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore district.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

mn 01.08.2025 (1⁄2)