Paramasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.A(MD) No.99 of 2024 Paramasivam ... Petitioner Vs.

State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Kanniyakumari District.

Cr.No.10 of 2017.

... Respondent For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.A.S.Abdul Kalam Azad Government Advocate (Crl Side)

O R D E R

The petitioner, an accused in Spl.S.C.No.20 of 2018, on the file of the Special Court for Exclusive trial of Cases under POCSO Act, Kanniyakumari at Nagercoil was found guilty by the trial Court and was convicted and sentenced as under:- 1/3

Sl.No Sections Punishment Fine amount Default 1.

5(m) r/w 6 of 20 years Rigorous Rs.10,000/- 6 months simple POCSO Act imprisonment imprisonment 449 IPC 10 years Rigorous Rs.5,000/- 6 months simple 2.

Imprisonment imprisonment 506(i) IPC 2 years Rigorous - - 3.

Imprisonment As against the conviction and sentence imposed by the trial Court in S.C.No.20 of 2018, dated 17.11.2022, the petitioner has filed a Criminal Appeal in Crl.A(MD) No.99 of 2024 and the same has been admitted by this Court on 07.02.2024. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court.

2.This petitioner is aged about 64 years. He had some relationship with the mother of the victim child. Taking advantage of the same, he had abused the victim child, who is aged about 9 years. The victim child is not having her father. 3.Considering the nature and gravity of offence, this Court is not inclined to entertain this petition. Accordingly, this Miscellaneous Petition is dismissed. 2/3

4.Since it is reported that the typed set of papers are made ready, Registry is directed to list the Criminal Appeal for final disposal. sd/- 13/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, KANNIYAKUMARI AT NAGERCOIL.

2 THE SUPERINTENDENT, PALAYAMKOTTAI CENTRAL PRISON, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KANNIYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.1379 of 2024 Date :13/03/2025 SA/GSV/SAR. /25.03.2025/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3