Kavitha Vs The State Of Tamilnadu Rep By The Inspector Of Police, Awps-Dindigul

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Crl.MP(MD) No.7056 of 2026 in Crl.A(MD) No.363 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.06.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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Crl.M.P.(MD)No.7056 of 2026 in Crl.A.(MD)No.363 of 2023

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Kavitha ... Petitioner Vs. The Inspector of Police, All Women Police Station, Dindigul. Crime No.38/2016 ... Respondent

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Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence and conviction dated 29.09.2022 passed by the Additional Mahila Court (Fast Track), Dindigul, in Spl.S.C.No.25 of 2017 pending disposal of the appeal.

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For Petitioner : Mr.R.Alagumani For Respondent : Mrs.V.Moushica Government Advocate (Crl. Side)

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

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Crl.MP(MD) No.7056 of 2026 in Crl.A(MD) No.363 of 2023

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O R D E R

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The petitioner, an accused in Spl.SC.No.25 of 2017, on the file of

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the Additional Mahila Court (Fast Track), Dindigul was found guilty by the

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trial Court and was convicted and sentenced as under:-

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Sl.No	Sections	Punishment	Fine amount	Default
1	366(A)	10 years RI	Rs.10,000/-	6 months SI

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Aggrieved by the conviction and sentence imposed by the trial Court in Spl.S.C.No.25 of 2017, dated 29.09.2022, the petitioner has preferred a Criminal Appeal in Crl.A.(MD)No.363 of 2023, which was admitted by this Court on 28.04.2023. Thereafter, the petitioner filed three applications seeking suspension of sentence in Crl.M.P.(MD)Nos.7019 of 2023, 5873 of 2025 and 358 of 2026, and all the said applications were dismissed on 06.03.2025, 29.04.2025 and 29.01.2026 respectively. Now, the petitioner has once again approached this Court by filing the present application for the fourth time seeking suspension of the sentence imposed by the trial Court.

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2.The case of the prosecution is that the petitioner, under the guise of getting a job for the victim child, who was aged about 16 years old

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

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Crl.MP(MD) No.7056 of 2026 in Crl.A(MD) No.363 of 2023

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at the time of occurrence, has taken the child to A1's house, wherein, A1 has committed aggravated penetrative sexual assault upon the victim.

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3. Heard the learned counsel appearing on either side.

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4.This is the fourth application. This Court has already

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considered the case in detail and dismissed the earlier applications vide orders dated 06.03.2025, 29.04.2025 and 29.01.2026. There is no change in circumstances. Therefore, this Court is not inclined to revisit the earlier orders. Accordingly, this petition is dismissed.

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