The Madurai Bench granted appeal bail to the petitioner, a minor accused under POCSO, suspending his sentence while the High Court appeal was pending. The court found a prima facie case in his favour due to lack of incriminating evidence.
Order of conviction suspended; appeal bail granted with two sureties (parents) for Rs. 10,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Third day of June Two Thousand Sixteen
PRESENT
The Hon`ble Dr.Justice P.DEVADASS
CRL MP(MD) No.4053 of 2016 IN CRL A(MD) No.171 of 2016
S. NARAYANAMOORTHY ... PETITIONER
Vs
THE STATE REP. BY THE INSPECTOR OF POLICE KARUR ALL WOMEN POLICE STATION, KARUR.
(CRIME NO. 22/2015) ... RESPONDENT
Prayer : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the order of conviction dated 28.04.2016 passed in Special Sessions Case No. 4 of 2016 on the file of the Fast Track Mahila Court, Karur pending disposal of the above Criminal Appeal.
Prayer in Crl.A.(MD).No.171 of 2016 :
Memorandum of Criminal Appeal against the order dated 28.04.2016 passed in Special Sessions Case No.4 of 2016 on the file of the Fast Track Mahila Court, Karur (Crime No.22 of 2015 of Karur All Women Police Station). The charges were framed under Section 7, r/w.8 of POCSO Act, 2012.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.SARAVANAN, Advocate for the petitioner and of Mr.P.Kandasamy, Government Advocate (Crl.Side) on behalf of the Respondent and the court made the following order:-
The petitioner, who is accused in Spl.S.C.No.4 of 2016, on the file of the learned Sessions Judge, Fast Track Mahila Court, Karur, seeks appeal bail under Section 389(1) Cr.P.C.
https://hcservices.ecourts.gov.in/hcservices/ 3. The learned counsel for the petitioner would contend that the petitioner has been implicated in this case. Actually, P.W.1,
the alleged victim girl, did not tender any incriminating evidence. Without any concrete basis in the evidence, petitioner has been convicted. There is prima facie case in his favour. He was also on bail throughout the Trial Court proceedings. He is aged about 19 years. He will not abscond or flee away from justice. The Trial Court granted him interim bail.
that the petitioner had committed sexual violence on P.W.1, a minor girl. The Trial Court, relying on her evidence and other connected evidence, has rightly convicted the petitioner. There is no prima facie case in his favour.
(i) Appeal bail is granted to the petitioner.
(ii) Sentence of imprisonment alone is suspended.
(iii)There shall be two sureties, they shall be his parents and each will execute a bond for Rs.10,000/- (Rupees ten thousand only) to the https://hcservices.ecourts.gov.in/hcservices/ satisfaction of the learned Additional Sessions Judge, Fast Track Mahila Court, Karur.
(iv) The petitioner shall appear before the Court as and when so ordered by the Court.
sd/-
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
To
+1. C.C. to M/S.R.SARAVANAN Advocate SR.No.27737 krk
JM/GSV-PM/SAR-I/06.06.2016/3P-5C
2 issues framed by the court
Whether appeal bail should be granted to the petitioner accused under Section 7 POCSO Act pending disposal of appeal.
Whether the conviction in the trial court was based on sound evidence given the age of the victim and accused.
2 provisions across 2 enactments
S. Narayanamoorthy
The State Rep. By the Inspector of Police Karur
Dr. Justice P. Devadass
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
