2.The alleged offence against the petitioner is that he committed rape of a minor girl. A case in Crime No.4 of 2016 was registered against the petitioner by the respondent police under Section 448 of IPC and under Sections 7 and 8 of POCSO Act. The learned Sessions Judge, Special Court for POCSO Act Cases, Kanyakumari District at Nagercoil, has taken up the case on file in Special S.C.No.10 of 2017. The trial Court found the petitioner guilty under Section 448 of IPC and Sections 7 and 8 of POCSO Act. The petitioner was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default to undergo a further period of three months simple imprisonment for the offences punishable under Sections 7 and 8 of POCSO Act . The petitioner was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- (Rupees Five Hundred only), in default to undergo a further period of one month simple imprisonment for the offence punishable under Section 448 of IPC. The trial Court ordered to run the sentence of imprisonment concurrently. Against the conviction and sentence imposed by the trial Court, the petitioner has filed a criminal appeal in Crl.A.(MD)No.105 of 2021 and along with the appeal, he filed this petition for suspension of sentence.
