Kumar v. State Rep by
Case brief
What is this about?
In a bail pending appeal petition, the High Court observed significant contradictions and lack of medical evidence regarding a POCSO conviction. The Court held the conviction needed reconsideration and granted bail on security conditions.
What did the court decide?
Suspension of sentence and bail granted on condition of executing a bond of Rs.10,000 with two sureties and appearing in Court monthly.
What the court decided
Crl.M.P. No. 10485 of 2024 in Crl.A.No. 928 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM
THE HON'BLE MR. JUSTICE M. NIRMALKUMAR
Crl.M.P. No. 10485 of 2024
in
Crl.A.No. 928 of 2024
Kumar ..Petitioner
Vs.
State rep. by The Inspector of Police, Bangalapudur Police Station, Erode District. ..Respondent
Prayer: Criminal Miscellaneous Petition under Section 389(7) of The
Code of Criminal Procedure to suspend the sentence of imprisonment imposed on the petitioner by judgment dated 02.02.2024 made in S.C. No. 115 of 2023 on the file of Sessions Judge, Magalir Neethi Mandram, Fast Track Mahila Court and enlarge the petitioner on bail pending disposal of the above criminal appeal.
Issues for consideration
2 issues framed by the court
Whether the conviction by the Trial Court despite contradictory evidence and lack of medical corroboration requires reconsideration.
Whether the petitioner is entitled to suspension of sentence and bail pending disposal of the criminal appeal.
Parties & counsel
- petitioner
Kumar
- respondent
State rep. by The Inspector of Police
Coram
M. Nirmalkumar
Case details
As recorded by the court registry
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