Sankaravelu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of October Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL A(MD) No.318 of 2020 SANKARAVELU ... PETITIONER/ APPELLNAT/ ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI DISTRICT.
CRIME NO.26/2017 ... RESPONDENT/ RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the execution of the sentence dated 01.10.2020 passed in Spl.S.C No.55/2017 by the Learned Sessions Judge Special Court for Exclusive trial of cases under POCSO Act, Madurai pending disposal of the above Criminal Appeal petition. PRAYER IN CRL A(MD) No.318 of 2020:
To call for entire records pertaining to Spl.S.C.No.55 of 2017 on the file of the Learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Madurai and set aside the order of conviction dated 01.10.2020 passed by the learned Sessions Judge, special Court for exclusive trial of cases under POCSO Act, Madurai made in Spl.S.C.No.55 of 2017 by allowing this criminal appeal.
Order : This petition coming on for orders on this day upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.C.KATHIKEYA, Advocate for the petitioner and of Mr.S.CHANDRASEKAR, Additional Public Prosecutor on behalf of the Respondent, While admitting the CRL.A., the court made the following order:- The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial Judge for the alleged offence under Section 11(i) r/w 12 of Protection of Children 1/3
from Sexual Offences Act 2012, sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- (Rupees Five thousand only) in default to undergo rigorous imprisonment for a period of one month in Spl.S.C.No.55 of 2017, on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Madurai. 2.It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. The learned counsel for the petitioner further submitted that the suspension of sentence has already been granted by the trial court till 01.11.2020. 3.It is submitted by the learned Additional Public Prosecutor that there are enough materials available on record against the petitioner as per the evidence adduced by the prosecution and there is no infirmity in the prosecution case and he strongly opposed to grant suspension of sentence.
4.This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
5.The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
6.Accordingly, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, and on further condition that the petitioner shall appear before the said Court daily at 10.30 a.m. until further orders. sd/- 28/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, MADURAI.
2. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1CC TO M/S.C.KATHIKEYA, Advocate, SR NO.7200
ORDER
IN IN CRL A(MD) No.318 of 2020 Date :28/10/2020 MS/PN/SAR-3/28.10.2020/3P.5C 3/3