Petitioner convicted under Sections 7 and 8 POCSO Act sought suspension of sentence pending appeal. The court found the victim's evidence reliable and no circumstances favouring suspension; the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL MP(MD) No.10757 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Second day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
MUTHUKUMAR @ KANNAN
... Petitioner / Appellant
Vs
THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, SIVAGANGAI ALL WOMEN POLICE STATION, SIVAGANGAI. CRIME NO. 9/2019 ... Respondent / Respondent
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed upon me in S.C No. 21 of 2019 dt. 02.07.2024 on the file of the Special court for Exclusive trial of POCSO Act cases, Sivagangai dt. 02.07.2024 and enlarge the petitioner on bail pending disposal of the above criminal
Prayer in CRL A(MD). 820/ 2024 :
To call for records relating to the conviction and sentence passed by the Learned Special court for Exclusive trial of POCSO Act cases, Sivagangai dt. 02.07.2024 and set aside the same.
Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.GAVINSILVESTER, Advocate for the petitioner and of https://www.mhc.tn.gov.in/judis M/s.M.SAKTHI KUMAR, Government Advocate (Crl. Side) on behalf of the
1/5
CRL MP(MD) No.10757 of 2024
Respondents the court made the following order:-
This Criminal Miscellaneous Petition is filed to suspend the sentence imposed on the petitioner by the learned Judge, Special Court for Exclusive Trial of cases under POCSO Act, 2012, Sivagangai, in S.C.No.21 of 2019 dated 02.07.2024.
2/5
CRL MP(MD) No.10757 of 2024
report was filed.
examined, 10 documents were marked. On the side of the accused no witness was examined and no document was marked.
3/5
CRL MP(MD) No.10757 of 2024
informed the pain suffered by her due to the misconduct to P.W.1. Reading of the evidence of victim girl shows that it does not suffer from any infirmity. So prima facie shows that the petitioner caused the sexual misbehaviour. The motive suggested by the petitioner was denied by P.W.1. It is suggested to P.W.1 that the father of the victim is addicted to liquor. He obtained Rs.60,000/- from the petitioner.
There was a compromise talk in the village. The accused did not agree for the compromise. To wreck vengeance, a false complaint has been given. That was denied. No other circumstances is available in favour of the petitioner for exercising the discretionary power of this Court.
sd/-
22/10/2024
/ TRUE COPY /
/ 11 /2024
Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN
TO
1 THE JUDGE
SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, 2012, SIVAGANGAI.
4/5
CRL MP(MD) No.10757 of 2024
2 THE INSPECTOR OF POLICE, SIVAGANGAI ALL WOMEN POLICE STATION, SIVAGANGAI.
ORDER IN CRL MP(MD) No.10757 of 2024 IN CRL A(MD) No.820 of 2024 Date :22/10/2024
PSP/ MMS /SAR /04.11.2024/ 5P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
5/5
1 issue framed by the court
Should the sentence imposed in S.C.No.21 of 2019 be suspended pending disposal of the criminal appeal?
3 provisions across 2 enactments
MUTHUKUMAR @ KANNAN
THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, SIVAGANGAI ALL WOMEN POLICE STATION, SIVAGANGAI
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
