High Court · 2025

Crl.M.P.(MD)No.2753 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025CORAMTHE HONOURABLE MR JUSTICE B.PUGALENDHICrl.M.P.(MD)No.2753 of 2025 in Crl.A.(MD)No.1031 of 2023Raja,S/o.Thangaraj,North Street,Chellakuttiyur,Kovilur (P.O),Gugiliyamparai,Dindigul District.Petitioner(s) VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Eriyodu Police Station,Dindigul District. Respondent(s) For Petitioner(s): Mr.S.Sarvagan PrabhuAdvocateFor Respondent(s): Mr.A.S.Abul Kalam Azad,Government Advocate (Crl. side)O R D E RThe petitioner is the sole accused in Spl.S.C.No.234 of 2023 on the file ofthe Special Court for Exclusive Trial of Cases under POCSO Act, Dindigul. He was1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.2753 of 2025tried for the offence under Sections 450 and 366 IPC and Section 6 of POCSO Act.After the trial, the trial Court, by its Judgment dated 01.11.2023, found the petitionerguilty for the offence under Sections 450 and 366 IPC and Section 6 of POCSO Actand convicted and sentenced him as under:(i) for the offence under Section 450 IPC, to undergo three years rigorousimprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three monthssimple imprisonment;(ii) for the offence under Section 366 IPC, to undergo three years rigorousimprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three monthssimple imprisonment;(iii) for the offence under Section 6 of POCSO Act, to undergo 20 years rigorousimprisonment and to pay a fine of Rs.2,000/-, in default, to undergo one year simpleimprisonment.Challenging the Judgment of conviction and sentence, the petitioner has preferred anappeal in Crl.A.(MD)No.1031 of 2023 and the same has been admitted by this Courton 23.11.2023. The petitioner has already moved a petition to suspend the sentence inCrl.M.P.(MD)No.16516 of 2023 and the same was dismissed by this Court by orderdated 03.09.2024. This is the second petition filed by the petitioner to suspend thesentence. 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.2753 of 20252. The case of the prosecution is that at the time of occurrence, the victimgirl was aged about 16 years. The petitioner is the neighbour. Since the petitionersustained injuries in his leg, he was unable to do the house work. Therefore, thevictim girl was helping the petitioner frequently. During that time, the petitioner andthe victim girl fell in love. On 15.12.2022, the petitioner had sexual intercourse withthe victim girl by giving false promise to marry her. Thereafter, he took the victimgirl to various places. Based on a complaint, the petitioner was arrested and thevictim girl was secured. Hence, the case. 3. The learned Government Advocate (Crl. Side) appearing for therespondent Police submits that the petitioner is a married man and he deserted hiswife. Further, the petitioner had sexual intercourse with the victim girl by givingfalse promise to marry her. 4. The learned counsel appearing for the petitioner submits that thepetitioner has realized his mistake and he is now ready to live with his wife and takecare of their children. He further submits that the petitioner had committed thisoffence without knowing the consequences. According to him, the victim girl gotmarried with another person. The learned counsel has produced an affidavit ofundertaking filed by the petitioner's wife that the petitioner has realized his mistakeand he undertakes that he will live along with her and will take care of their children3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.2753 of 2025and he will not disturb the victim girl at any point of time. The petitioner has alsofiled an affidavit to that effect. The petitioner is also prepared to file a similarundertaking affidavit before the respondent Police and he is ready to stay away fromhis village. 5. Though the earlier petition filed by the petitioner to suspend thesentence in Crl.M.P.(MD)No.16516 of 2023 was dismissed by this Court by orderdated 03.09.2024, the appeal could not be taken up for final hearing for want of time.Further, the petitioner has raised certain arguable points in this appeal and that canbe considered only during the final hearing. It is reported that the petitioner is in jailfrom the date of conviction, i.e. from 01.11.2023. Since the petitioner is in jail, hisfamily members are also suffering. Now, the petitioner's wife has filed an affidavitthat the petitioner has realized his mistake and he undertakes that he will live alongwith her and will take care of her children and he will not disturb the victim girl atany point of time. The petitioner has also filed an affidavit to that effect. 6. Considering the plight of the petitioner's family and the period ofincarceration and that the appeal could not be taken up for final hearing immediately,this Court is inclined to suspend the sentence. 7. Accordingly, the substantive sentence of imprisonment alone issuspended pending disposal of the criminal appeal and the petitioner is ordered to be4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.2753 of 2025enlarged on bail on the following conditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees twenty fivethousand only) with two sureties each for a like sum to the satisfaction of the SpecialCourt for Exclusive Trial of Cases under POCSO Act, Dindigul.(ii) The petitioner shall file an undertaking affidavit before the respondentPolice that he will take care of his wife and children and he will not disturb andharass the victim girl at any point of time. (iii) The petitioner shall stay at Tiruppur and report before the Inspector ofPolice, Tiruppur North Police Station, daily at 10.30 a.m, for a period of 30 days andthereafter, the petitioner shall report before the Special Court for Exclusive Trial ofCases under POCSO Act, Dindigul as well as the respondent police, once in a monthon the first working day of every English Calender month at 10.30 a.m., till thedisposal of the appeal. The petitioner shall not visit the victim girl and the village ofthe victim girl. sd/- 17/04/2025 / TRUE COPY / 17/04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.2753 of 2025OGY/VRNTO1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, DINDIGUL.2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.3 THE INSPECTOR OF POLICE,ERIYODU POLICE STATION, DINDIGUL DISTRICT. 4 THE INSPECTOR OF POLICE,TIRUPPUR NORTH POLICE STATION, TIRUPPUR.5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-4389[I] dated 17/04/2025 ) ORDER IN Crl.M.P.(MD)No.2753 of 2025 in Crl.A.(MD)No.1031 of 2023 Date :17/04/2025SA/SAR. /17.04.2025/6P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6