Raju v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in CRL A(MD)NO. 234 of 2024 Raju Petitioner(s) Vs The Inspector of Police, All Woman Police Station, Pudukottai, Thoothukudi District. Crime No. 17 of 2019 Respondent(s) For Petitioner(s):

No appearance For Respondent(s):

Mr.T.Senthilkumar, Additional Public Prosecutor

ORDER

The petitioner is the sole accused. He was tried for the offence u/s.5(i), 5(j)(ii) r/w 6 of the POCSO Act. The trial Court found him guilty, convicted and sentenced him to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10000/- i/d to undergo simple imprisonment for one year. Challenging the conviction and sentence, the petitioner has filed Crl.A(MD)No.234 of 2024. Pending 1/3

the appeal, the petitioner has moved this application to suspend the sentence. 2.When the application is taken up for hearing today, there is no representation for the petitioner. This application is pending from 18.03.2024. Twice it was listed and adjourned at the request of the petitioner. Even today, the petitioner has not prosecuted the application.

3.Learned Additional Public Prosecutor, by referring to the statements recorded u/s.164 CrPC and the statement of the victim girl, submitted that the victim girl, who was aged about 16 years, was exploited by the petitioner, who was aged about 50 years then. According to him, the victim girl was made pregnant and she has also delivered a child. The DNA test conducted by the prosecution proved that this petitioner is having some nexus for the pregnancy of the victim. 4.Considering the materials placed before this Court and since there is no representation for the petitioner and that the petitioner is not inclined to prosecute this application for the past one year, this Court is inclined to dismiss this application. Accordingly, this miscellaneous petition stands dismissed. sd/- 12/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GK TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, THOOTHUKUDI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3 THE INSPECTOR OF POLICE, ALL WOMAN POLICE STATION, PUDUKOTTAI, THOOTHUKUDI DISTRICT.

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

ORDER

IN in CRL A(MD)NO. 234 of 2024 Date :12/03/2025 SA/GSV/SAR. /21.03.2025/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3