In a bail petition by a convict under IPC and POCSO, the Court held that delay in FIR registration for three days was not fatal and no identification parade was required given the evidence. The petition to suspend sentence and enlarge bail was dismissed.
Petition to suspend sentence and enlarge petitioner on bail dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Twenty Sixth day of June Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice P. N. PRAKASH
CRIMINAL MISCELLANEOUS PETITION No.7352 of 2019
in CRL A.No.326 of 2019
SHANMUGAM [ PETITIONER/APPELLANT ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STAITON, AT VRIDHACHALAM.
CRIME NO.261 OF 2015.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.No.326 of 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence passed by judgment in SPL S.C.No.64 of 2018 on the file of Mahila Court, Cuddalore, by judgment dated 16.04.2019 and enlarge the petitioner on bail pending disposal of CRL A.No.326 of 2019
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.No.326 of 2019 on the file of the High Court and upon hearing the arguments of M/S.A.RAJAKUMAR, Advocate for the petitioner, and of M/S.G.RAMAR Govt.Advocate on behalf of the Respondent, the court made the following order:-
The petitioner has been convicted and sentenced in Special S.C.No.64 of 2018 for various offences under the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act, 2012 (POCSO Act), maximum being 10 years of Rigorous Imprisonment under Section 366 IPC.
accused came in a motorbike, the victim girl asked for lift from her school. While giving lift, the accused took the victim girl to a nearby casurina grove and subjected her to sexual assault. The accused was under the influence of liquor. When the victim girl raised a hue and cry, P.W.3 and P.W.4 caught hold of the accused and thrashed him.
-sd/-
26/06/2019
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDGE
THE MAHILA COURT, CUDDALORE
2 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE,
ALL WOMEN POLICE STAITON,
AT VRIDHACHALAM
4 THE SUPERINTENDENT,
CENTRAL PRISON, CUDDALORE
C.C. to M/S.A.RAJAKUMAR Advocate on payment of necessary
charges
Order
in
CRL MP.7352/2019
in
CRL A.326/2019
Date :26/06/2019
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 04/07/2019
2 issues framed by the court
Whether the 3-day delay in FIR registration and absence of medical certificate or identification parade warrants suspension of sentence for a POCSO offender.
Whether an identification parade is necessary in a case involving child sexual assault.
2 provisions across 2 enactments
SHANMUGAM
STATE BY INSPECTOR OF POLICE, ALL WOMEN POLICE STAITON, AT VRIDHACHALAM
P. N. PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
