Kavitha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.A(MD) No.363 of 2023 Kavitha ... Petitioner Vs.

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

Crime No.38 of 2016 ... Respondent For Petitioner : Dr.R.Alagumani For Respondent : Mr.P.Kottaichamy Government Advocate

O R D E R

The petitioner/A2, was tried along with A1 in Spl.SC No.25 of 2017, on the file of the Sessions Judge, Fast Track Court, Dindigul and she was found guilty by the trial Court for the offence under Section 366 IPC and she was convicted and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.10,000/- and default sentence of 6 months simple imprisonment was also imposed. As against the conviction and sentence imposed by the trial Court, she has filed a criminal appeal 1/3

in Crl.A(MD) No.363 of 2023 and the same was admitted by this Court on 28.04.2025. The petitioner has also moved this application to suspend the sentence imposed on her.

2.The allegation as against this petitioner is that this petitioner, under the guise of arranging a job for the victim child who was aged about 16 years old at the time of occurrence, has taken the child to A1's house, wherein, A1 has committed rape. 3.This petitioner along with A1, has already moved an application to suspend the sentence imposed on them, however, it was dismissed by this Court, by its detailed order, dated 06.03.2025, considering the nature of offence. This is the second application filed by this petitioner.

4.Considering the nature and gravity of offence and the earlier application filed by this petitioner along with A1 was already dismissed by this Court, by a detailed order, dated 06.03.2025, this Court is not inclined to entertain this petition. 5.Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 29/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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Vrn TO 1 THE SESSIONS JUDGE, FAST TRACK COURT, DINDIGUL. 2 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMAN, MADURAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Crl.A(MD) No.363 of 2023 Date :29/04/2025 NBF/20.05.2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3