Dismissed¶42

Kumar @ Rajkumar v. State represented by The Inspector of Police

Madras HC13 Jun 2025CRL MP/10041/2025

Case brief

AI extract

What is this about?

Suspension of sentence; bail pending appeal; Section 389(1) Cr.P.C.; Section 430(1) BNSS Act; Crl.A.No.493 of 2025; Special SC.No.91 of 2022; Sessions Judge Magalir Neethi Mandram (Fast Track Mahila Court) Tiruppur; Sections 376(3) & 366 IPC; Section 5(1) r/w 6 POCSO Act; Section 9 Child Marriage Act; heinous and serious offence against victim; dismissal of Crl.M.P.; Kumar @ Rajkumar; Palladam Police Station Crime No.1357 of 2021.

What did the court decide?

On perusal of the records, the Trial Court has convicted the petitioner after going through the evidence in its entirety. ¶35

Kumar @ Rajkumar Vs State represented by The… — Child Sexual Offences (POCSO) | Madras HC (2025)

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Crl.MP.No.10041 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.06.2025

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CORAM:

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THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

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Crl.M.P.No.10041 of 2025

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in Crl.A.No.493 of 2025

Kumar @ Rajkumar

...Petitioner

Vs.

State represented by The Inspector of Police, Palladam Police Station, Tirupur District (crime No.1357 of 2021)

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... Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. / 430(1) of BNSS Act, to suspend the sentence and enlarge the petitioner on bail imposed in Special SC.No.91 of 2022 dated 22.04.2025 (on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur) pending disposal of the above criminal appeal.

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For Petitioner : M.Vignesh

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For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor

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

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Crl.MP.No.10041 of 2025

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ORDER

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This Criminal Miscellaneous Petition has been filed praying to

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suspend the sentence and to enlarge the petitioner on bail imposed in Special SC.No.91 of 2022 dated 22.04.2025 (on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur) pending disposal of the above criminal appeal.

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The petitioner is the accused in Special SC.No.91 of 2022 dated 22.04.2025 on the file of the Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Tiruppur. He was found guilty of the offences under Sections 376(3) & 366 of IPC and Section 5(1) r/w 6 of POCSO Act, Section 9 of Child Marriage Act and he has been convicted and sentenced as under:

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S.No.	Conviction	Sentence
1	Section 366 of IPC	to undergo 5 years rigorous imprisonment and to pay fine of Rs.5,000/-, in default to undergo 6 months simple imprisonment
2	Section 9 of Child Marriage Act	to undergo 2 years rigorous imprisonment and to pay fine of Rs.5,000/-, in default to undergo 6 months simple imprisonment

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2/6

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

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Crl.MP.No.10041 of 2025

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S.No.
3

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S.No.	Conviction	Sentence
3	Section 5(1) r/w 6 of POCSO Act	to undergo 20 years rigorous imprisonment and to pay fine of Rs.5,000/-, in default to undergo 6 months simple imprisonment

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Aggrieved by the same, the petitioner has filed the aforementioned criminal

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appeal before this Court along with the present miscellaneous petition.

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The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.

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