Suresh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A(MD) No.784 of 2024 Suresh S/o. Subiramani, Nadu Patti C, Usilampatti Taluk, Madurai District.

(Now Confined at Central Prison, Madurai) Petitioner Vs The State of Tamilnadu Rep. by The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

(Crime No. 134/2017) Respondent For Petitioner:

Mr.Kovilan, Advocate for Mr.P.Karthick, Advocate For Respondent:

Mr.P.Kottaichamy, Government Advocate

ORDER

The petitioner, who is the sole accused in S.C.No.43 of 2018, on the file of the Principal Special Court for exclusive trial of cases under POCSO Act, Madurai was convicted by the trial Court for the offence under Section 323 IPC and Section 3 r/w 4 of Protection of Children from Sexual Offence Act, 2012 and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.10,000/-, for the offence under Section 3 r/w 4 of Protection of Children from Sexual Offence Act, 2012, in default, he has to 1/3

undergo one year simple imprisonment. He was also convicted and sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000/-, for the offence under Section 323 IPC, in default, he has to undergo one month simple imprisonment.

2.The petitioner is 28 years old man. He has sexually abused the victim, who is 17 years old boy. It is also reported that the victim boy is not mentally sound. 3.Considering the nature of offence and the evidence of PW 1/victim, this Court is not inclined to suspend the sentence imposed on the petitioner. 4.Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 12/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDGE, PRINCIPAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, MADURAI.

2 THE INSPECTOR OF POLICE, UTHAPPANAICKANUR POLICE STATION, MADURAI DISTRICT.

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3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN in Crl.A(MD) No.784 of 2024 Date :12/02/2025 SA/GSV/SAR-(28.02.2025) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3