Convict in a child sexual assault case sought suspension of his twenty-year POCSO sentence and concurrent IPC Section 366 sentence pending appeal. The court found no crucial contradictions established a prima facie case and refused suspension, dismissing the petition and directing the appeal to be posted in the usual course.
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Crl.M.P.No.3441 of 2024 in Crl.A.No.237 of 2024
Crl.M.P.No.3441 of 2024
in Crl.A.No.237 of 2024
M.DHANDAPANI, J.
This criminal miscellaneous petition has been filed under Section 389(1) of Cr.P.C seeking to suspend the sentence of imprisonment imposed by the learned Magalir Neethimandram, Tiruppur, in Spl.S.C.No.71 of 2022 dated 06.11.2023 and release the petitioner / appellant on bail pending disposal of the appeal.
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Crl.M.P.No.3441 of 2024 in Crl.A.No.237 of 2024
and with regard to the conviction imposed under Section 366 of IPC, he was sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for three months. The above sentences are ordered to be run concurrently. The period of detention undergone by the accused from 07.12.2021 to 19.02.2022 are ordered to be set off against the sentence of imprisonment under Section 428 of Cr.P.C.
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Crl.M.P.No.3441 of 2024 in Crl.A.No.237 of 2024
sentence, as a matter of course, will set a bad precedent in the society. Therefore, this Court is not inclined to accede to the prayer of the petitioner / appellant seeking suspension of sentence.
imprisonment against the petitioner in Spl.S.C.No.71 of 2022 dated 06.11.2023 and accordingly, this Criminal Miscellaneous Petition stands dismissed.
20.06.2024
vji
To
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Crl.M.P.No.3441 of 2024
in Crl.A.No.237 of 2024
M.DHANDAPANI, J.
vji
Crl.M.P.No.3441 of 2024 in Crl.A.No.237 of 2024
20.06.2024
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1 issue framed by the court
Should the sentence imposed for POCSO and IPC Section 366 convictions be suspended pending appeal under Section 389(1) Cr.P.C.?
4 provisions across 3 enactments
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
