Petition seeking suspension of sentence imposed for POCSO and IPC offences pending appeal; court noted the petitioner had returned to prison after interim bail and compliance of an earlier order was reported, and closed the petition.
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.11047 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL MP(MD) No.11047 of 2023 IN CRL A(MD) No.641 of 2022
SIVAKUMAR
... PETITIONER/APPELLANT
Vs
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVILLIPUTTUR, VIRUDHUNAGAR DISTRICT. CRIME NO.14/2020. ... 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 passed under the Judgment and Conviction and sentence dated 18.08.2022 in Spl.S.C No.7/2021 passed by the Learned Sessions Judge, Special Court for Exclusive Trial of POCSO Act Cases, Virudhunagar District at Srivilliputtur, in so far as convicting the appellant for offences under section 366 of Indian Penal Code and sentencing him to undergo 5 years rigorous imprisonment and Rs.5,000/- as fine in default to undergo one year simple imprisonment, Section 5(1)r/w 6 of Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo 20 years rigorous imprisonment and Rs.5,000/- fine in default to undergo one year simple imprisonment, pending disposal of the above criminal appeal.
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CRL MP(MD) No.11047 of 2023
PRAYER in CRL A(MD) No.641 of 2022:
To call for the records and set aside the Judgment and conviction and sentence dated 18-08-2022 in Spl.S.C.No.7 of 2021 passed by the Learned Session Judge, Special Court for Exclusive Trial of POCSO Act Cases, Virudhunagar District at Srivilliputhur.
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.EZHILARASU.C, Advocate for the petitioner and of Mr.M.SAKTHI KUMAR, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:-
When the matter was taken up for hearing, it is submitted that this petitioner
has been taken back to the prison after enjoying the interim bail.
sd/24/10/2024
/ 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 Sessions Judge, Special Court for Exclusive Trial of POCSO Act Cases, Virudhunagar District at Srivilliputhur.
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CRL MP(MD) No.11047 of 2023
2.The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District.
3.The Superintendent, Central Prison, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN
CRL MP(MD) No.11047 of 2023
IN CRL A(MD) No.641 of 2022 Date :24/10/2024
ED/ MMS /SAR- (04/11/2024) 3P / 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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3 provisions across 2 enactments
Sivakumar
The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
