Allowed

Vinothkumar @ Vinoth v. State Rep by

Madras HC16 Dec 2024CRL MP/10653/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition for suspension of sentence and bail pending appeal in a POCSO case. Accused, conviction based on single witness testimony, granted bail on 10,000 bond with conditions due to arguable appeal grounds.

What did the court decide?

Sentence suspended; petitioner released on bail conditioned on executing bond of Rs 10,000 with two sureties, monthly court appearance, and filing application if absent.

Vinothkumar @ Vinoth Vs State Rep by — Child Sexual Offences (POCSO) | Madras HC (2024)

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.M.P.No.10653 of 2023 in

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Crl.A.No.769 of 2023

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Vinothkumar @ Vinoth . .. Petitioner /Accused

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Vs.

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State: Represented by Inspector of Police, Villianur Police Station. (Crime No.159 of 2017) Puducherry.

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. .. Respondent / Complainant

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PRAYER: Criminal Miscellaneous Petition has been filed under Section 389(2) r/w 439 of Cr.P.C. praying to suspend the sentence imposed on the petitioner in Special Sessions Case No.62 of 2019 by the learned Special Judge for Exclusive Trial of Cases under POCSO Act at Puducherry by an order dated 27.06.2022 and enlarge the petitioner on bail pending disposal of the Criminal Appeal.

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For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.K.S.Mohandass, Public Prosecutor (Puducherry) Assisted by Ms.Dhanalatchoumy

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https://www.mhc.tn.gov.in/judis Page 1 of 6

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

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O R D E R

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This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner in Special Sessions Case No.62 of 2019 dated 27.06.2022 on the file of the learned Special Judge for Exclusive Trial of Cases under POCSO Act at Puducherry and release the petitioner on bail pending disposal of the above Criminal Appeal.

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2. It is the case of the prosecution that the petitioner and the victim belong to the same village; that on 08.08.2017 at about 23.30 hours, the petitioner had kidnapped the victim, who was then aged 14 years, from the temple festival in his motor cycle and took her to a river bed and thus committed penetrative sexual assault.

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3. The petitioner/accused in Special Sessions Case No.62 of 2019 was convicted by the Trial Court by judgment dated 27.06.2022 for the offences under Sections 366 and 376 of I.P.C. and Section 4 of POCSO Act, 2012 and sentenced to undergo 7 years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo 3 months simple imprisonment for the offence under Section 366 of I.P.C. and for the offence under Section 4 of POCSO Act,

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https://www.mhc.tn.gov.in/judis Page 2 of 6

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

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sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment. Aggrieved by the same, he filed Crl.A.No.769 of 2023 before this Court along with the

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instant miscellaneous petition seeking suspension of sentence and bail.

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4.The learned counsel for the petitioner would submit that the petitioner is in custody from 27.06.2022; that the evidence of the victim cannot be believed, since the Doctor/PW9 had categorically stated that there is no evidence of vaginal or anal intercourse, though there is evidence of genital assault; that this evidence of Doctor is contrary to the victim's evidence; that in any case, the evidence would suggest that the victim had gone voluntarily with the petitioner, who was aged about 23 years at the time of occurrence and the question as to whether the evidence of the victim has to be believed has to be determined in the appeal and prayed for suspension of sentence.

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5.Learned Public Prosecutor (Puducherry) per contra submitted that the evidence of the victim coupled with Doctor's evidence that there was a genital assault would show that the prosecution had established his case beyond reasonable doubt; that the consent of the victim, who was then a minor is

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https://www.mhc.tn.gov.in/judis Page 3 of 6

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

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immaterial and therefore, the petitioner has not made out a ground for suspension of sentence.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor (Puducherry) appearing for the respondent and perused the counter filed by the respondent.

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Admittedly, the petitioner is in custody from 27.06.2022. The evidence of the Doctor is that there is no evidence of vaginal or anal intercourse, though there is evidence of genital sexual assault. The Doctor would further admit in his cross examination that the nature of the injuries on her private part could have been caused, even if one rides a bicycle. The conviction is based on the sole testimony of the victim. This has to be tested in the appeal.

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8. Considering the aforesaid facts; that there are several arguable points in the appeal, which requires consideration; the fact that the appeal is not likely to be taken up in the near future and since the petitioner is in custody from 27.06.2022, this court is inclined to grant the relief of suspension of sentence to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Page 4 of 6

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

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Accordingly, this criminal miscellaneous petition stands allowed and

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the sentence imposed on the petitioner is suspended till the disposal of the above Criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

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(i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Special Judge for Exclusive Trial of Cases under POCSO Act at Puducherry;

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(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and

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(iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

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rsi

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Issue order copy by 19.12.2024 Upload the order copy forthwith.

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16.12.2024

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https://www.mhc.tn.gov.in/judis

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Page 5 of 6

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

SUNDER MOHAN, J.

rsi

1.The Special Judge Special Court for Exclusive Trial of Cases under POCSO Act, Puducherry.

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2.The Superintendent, Central Prison, Puducherry.

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Inspector of Police, Villianur Police Station. Puducherry.

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4.The Public Prosecutor, High Court, Madras.

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Crl.M.P.No.10653 of 2023 in Crl.A.No.769 of 2023

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16.12.2024

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https://www.mhc.tn.gov.in/judis

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Page 6 of 6

Vinothkumar @ Vinoth v. State Rep by

Case brief

What is this about?

What did the court decide?

Vinothkumar @ Vinoth v. State Rep by

Case brief

What is this about?

What did the court decide?

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