Mubarak v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.1391 of 2023 Mubarak

...Petitioner

Vs.

State by Inspector of Police, Morappur Police Station, Dharmapuri District Crime No. 93 of 2022 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) r/w 439 of Cr.P.C., to suspend the sentence of imprisonment imposed on the petitioner in judgement made in Spl.S.C.No.44 of 2022 by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri dated 05.08.2023 pending disposal of this Appeal.

For Petitioner : Mr.J.Pradeep For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence of imprisonment imposed on the petitioner in judgement made in Spl.S.C.No.44 of 2022 by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri dated 05.08.2023 pending disposal of this Appeal.

2.

The petitioner, who is an accused in Spl.S.C.No.44 of 2022, was convicted and sentenced by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri vide judgment dated 05.08.2023, as follows: Rank of the accused Conviction under Section Sentence awarded Sole accused 6(l) of POCSO Act, 2012 to undergo rigorous imprisonment for a period of 20 years and to pay fine of Rs.25,000/- to the victim girl.

363 of IPC to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.5,000/- to the victim girl..

366 of IPC to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.10,000/- to the victim girl.

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 14 years at the time of occurrence. 5.

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

09.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd To

1. The Sessions Judge, Fast Track Mahila Court, Dharmapuri 2.State by Inspector of Police,Morappur Police Station, Dharmapuri District 3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

ssd in Crl.A.No.1391 of 2023 09.07.2025