Madras High CourtCRL MP(MD)/11818/2024ordered

Karthick v. The State Of Tamilnadu

2025-02-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-02-2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI CRL MP(MD) NO. 11818 of 2024 IN CRL A(MD)NO.932 of 2024 Karthick S/o. Keelavan Ambalam, N.Pudhupatti Post, Nadumandalam, Natham Taluk, Dindigul District.

... Petitioner /Appellant Vs The State of Tamilnadu Rep. by The Inspector of Police, Natham Police Station, Dindigul District.

Crime No. 21/2023.

... Respondent /Complainant For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. side) 1/5

ORDER

The petitioner is the sole accused in S.C.No.86 of 2023 on the file of the Sessions Court/Fast Track Mahila Court, Dindigul. He was charged for the offences under Sections 450, 366, 417 and 376(2)(n) IPC. The Trial Court, by its Judgment dated 20.06.2024, acquitted the petitioner/accused of the charge under Section 450 IPC and convicted and sentenced the petitioner for the offence under Sections 366, 417 and 376 (2)(n) IPC, as under:

i) for the offence under Section 366 IPC, sentenced him to undergo seven years rigorous imprisonment and to pay a fine of Rs.5,000/-, with the default sentence of six months simple imprisonment; and (ii) for the offence under Section 417 IPC, sentenced him to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, with the default sentence of three months simple imprisonment.

(iii) for the offence under Section 376(2)(n) IPC, sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.25,000/-, with the default sentence of six months simple imprisonment. The sentences of imprisonment were ordered to run concurrently.

Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal before this Court in Crl.A.(MD)No.932 of 2024 along with this 2/5

petition for suspension of sentence. The appeal was admitted by this Court on 07.11.2024.

2. The learned Counsel appearing for the petitioner submits that the victim girl had love affair with the petitioner. The learned counsel, by referring the evidence of P.W.8, the Doctor, who attended the victim girl, submits that according to the Doctor, the age of the victim girl was above 18 years. The case of the prosecution is that the petitioner promised the victim girl to marry her and had sexual relationship with her. Even according to the prosecution, the age of the victim girl was 19 years at the relevant point of time.

3. The learned Government Advocate (Crl. Side) has raised serious objections that the petitioner married another woman and by suppressing the said fact, he had sexual relationship with the victim girl.

4. Considering the nature of offence, the period of incarceration and also considering the age of the victim girl at the relevant point of time and since the appeal could not be taken up for final hearing in the near future, this Court is inclined to suspend the sentence imposed on the petitioner. 3/5

5. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judge, Fast Track Mahila Court, Dindigul, and on further condition that the petitioner shall appear before the said Court on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal. Sd/- 10/02/2025 / TRUE COPY / 10/02/2025 Sub-Assistant Registrar ( PA) Madurai Bench of Madras High Court, ogy Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, DINDIGUL.

2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

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+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-1520[I] dated 10/02/2025 ) ORDER IN CRL MP(MD) No.11818 of 2024 Date :10/02/2025 ES/SAR /10.02.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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