Ravishankar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.15143 of 2024 in Crl.ANo.1328 of 2024 Ravishankar ... Petitioner

Versus

The State Represented by The Inspector of Police, Neyveli AWPS, Cuddalore District.

(Crime No.20 of 2021) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence which was imposed by the Learned Special Judge for Exclusive Trail of Cases under POCSO ACT at Cuddalore in Spl.S.C.No.43 of 2022 dated 30.08.2024 and enlarge the petitioner on bail pending disposal of the above criminal appeal. For Petitioner : Mr. A. Arasu Ganeshan For Respondent : Mr. S. Raja Kumar, Additional Public Prosecutor.

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ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Special Judge for Exclusive Trail of Cases under POCSO ACT at Cuddalore in Spl.S.C.No.43 of 2022 on 30.08.2024, and to enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner is the accused in Spl.S.C.No.43 of 2022, was convicted and sentenced by the learned Special Judge for Exclusive Trail of Cases under POCSO ACT at Cuddalore, vide Judgment dated 30.08.2024, as follows:

Conviction Sentence Section 450 of IPC To undergo rigorous imprisonment for a period of 5 years, along with a fine of Rs.5,000/-, and in default of payment of the fine, undergo for a further period of three months.

Section 5(1), 5(n), 6 of POCSO Act To undergo rigorous imprisonment of 20 years, along with a fine of Rs.50,000/-, as compensation to the victim girl and in default to undergo simple imprisonment for a further period of one year. Aggrieved by the same, the petitioner has filed the present petition. 2/4

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.

This Court finds no reason 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 13 years at the time of occurrence. 5.

In the result, the petition for suspension of sentence is dismissed. 20.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt To 1.The Special Court for Exclusive Trail of Cases under POCSO Act, Cuddalore.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Neyveli AWPS, Cuddalore District. (Crime No.20 of 2021) 3/4

G.K.ILANTHIRAIYAN, J.

klt Crl.M.P.No.15143 of 2024 in Crl.ANo.1328 of 2024 20.06.2025 4/4