Perumal .v v. State Rep.by
Case brief
What is this about?
The petitioner sought suspension of sentence and bail pending appeal against conviction under POCSO Act. The Court noted infirmities including hostile witnesses and tutored testimony, and suspended the sentence subject to conditions.
What did the court decide?
Sentence suspended till disposal of Criminal Appeal; petitioner released on bail with conditions.
What the court decided
Crl.M.P.No.9848 of 2023 in Crl.A.No.730 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.9848 of 2023
in
Crl.A.No.730 of 2023
Perumal.V . .. Petitioner /Accused Vs. The State represented by The Inspector of Police, Bhavani All Women Police Station, Erode District. (Crime No.05 of 2020) . .. Respondent / Complainant
PRAYER: Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C. praying to suspend the sentence imposed in judgment and conviction passed in Spl.S.C.No.28 of 2021 dated 29.05.2023 on the file of the learned Sessions Judge, Magalir Needhi Mandram, Fast Track Mahila Court, Erode and release the petitioner on bail pending criminal appeal.
For Petitioner : Mr.S.Bharanidharan For Respondent : Dr.C.E.Pratap Govt. Advocate (Crl.side)
Issues for consideration
2 issues framed by the court
Whether conviction based on DNA report alone is sustainable when prosecution witnesses turned hostile or were cross-examined as tutored?
Whether sentence should be suspended pending appeal given the infirmities in evidence and long incarceration?
Parties & counsel
- petitioner
Perumal.V.
- respondent
The State represented by The Inspector of Police, Bhavani All Women Police Station, Erode District
Coram
Sunder Mohan
Case details
As recorded by the court registry
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