N.Prabhakaran @ Prabu v. The State By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN N.Prabhakaran @ Prabu S/o.Nagarajan, No.109, Subburayan Street, Shanmuga Nagar, Ariyankuppam, Puducherry.

Petitioner Vs State by its Inspector of Police, Ariyankuppam Police Station, Puducherry, Crime No.110/2017.

Respondent Prayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence imposed upon the petitioner/appellant by the Sessions Judge, on the file of the Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry in Spl.S.C.No.22 of 2023 by judgment dated 24.01.2024 pending disposal of the appeal.

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For Petitioner(s):

Mr.D.Senthilkumar For Respondent(s):

Mr.K.S.Mohandass Addl.Public Prosecutor Assisted by Mr.A.Alexander Government Advocate

O R D E R

This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed upon the petitioner/appellant by the learned Sessions Judge, Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry in Spl.S.C.No.22 of 2023 by judgment dated 24.01.2024, pending disposal of the appeal.

2. The petitioner/ appellant, who was arrayed as accused in Spl.S.C.No.22 of 2023 on the file of the Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry, was found guilty and convicted and sentenced for the offences under Sections 363 IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/-, in default, to undergo two months simple imprisonment; for the offence under Section 342 IPC to undergo rigorous 2/5

imprisonment for a period of one year and to pay a fine of Rs.1,000/-, in default, to undergo two months simple imprisonment; and also for the offence under Section 6 of the Protection of Children for Sexual Offences Act 2012 to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.2,000/-, in default, to undergo three months simple imprisonment. Now the present petition is filed to suspend the sentence and enlarge the petitioner on bail, till the disposal of the main appeal.

3. Heard both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case and also considering the fact that the offences committed by the petitioner are serious in nature, this Court is not inclined to suspend the sentence at this stage and the main appeal will be taken up for consideration. Hence, the miscellaneous petition is dismissed.

06.02.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Sessions Judge, Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry.

2. The Inspector Of Police Ariyankuppam Police Station Puducherry.

3. The Superintendent of Prison, Central Prison, Puducherry.

4. The Public Prosecutor, (Puducherry) High Court, Madras.

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P.VELMURUGAN, J ms 06.02.2025 (2/2) 5/5