Crl.MP.No.6613 of 2023
in Crl A. No.315 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.M.P.No. 6613 of 2023
in Criminal Appeal No. 315 of 2023
Velayutham ...Petitioner/Appellant
-Vs-
The State Represented by
The Inspector of Police
Mettupalayam Police Station,
Puducherry. ... Respondent/Respondent
Prayer: Criminal Miscellaneous petition filed under Section 389 of Code
of Criminal Procedure, to suspend the order of conviction order passed by
the learned Special Judge (Under the POCSO Act-2012) Principal
Sessions Judge, Puducherry in Special Sessions Case No.5/2021 dated
23.02.2023 and enlarge the appellant/accused on bail, pending disposal
of the above Criminal Appeal.
For Petitioner : Mr.B. Balavijayan
For Respondents : Mr.K.S.Mahanadass
Public Prosecutor (Pondy)
https://www.mhc.tn.gov.in/judis
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Crl.MP.No.6613 of 2023
in Crl A. No.315 of 2023
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence of imprisonment imposed in the judgment dated 23.02.2023 made in Special Sessions Case No.5 of 2021 on the file of the Special Judge (under the POCSO Act-2012), Principal Sessions Court, Puducherry and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.
2. Heard both sides.
3. The petitioner, who is the sole accused in Special Sessions Case No.5 of 2021 is convicted and sentenced by the trial court, by its judgment dated 23.02.2023 as follows;
Petitioner' Provision under Sentence s Rank which convicted Sole U/s.10 of POCSO o undergo 5 years RI and a fine of accused Act, 2012 Rs.1000/-, in default in payment of fine, to undergo RI for a period of one year.
U/s.12 of POCSO To undergo 1 year RI and to pay a Act, 2012 fine of Rs.1000/-, in default in payment of fine, to undergo 3 months RI U/s.323 of IPC To undergo SI for two months The sentence of imprisonments imposed on the petitioner were ordered to run concurrently
4. Aggrieved over the judgment of conviction and sentence https://www.mhc.tn.gov.in/judis 2/6 Crl.MP.No.6613 of 2023 in Crl A. No.315 of 2023 imposed on the petitioner by the trial court, the petitioner has filed the present criminal appeal. The petitioner has also filed Criminal Miscellaneous Petition in Crl MP No.4288 of 2023 for suspending the order of conviction which was dismissed on 03.04.2023. Again this petition is filed for suspending the order of conviction.
4. The learned counsel for the petitioner submitted that the judgment of the trial court is contrary to law, weight of evidence and probabilities of the case. The evidence of PWs.1 and 3 are concocted one. After filing divorce application against the petitioner, PW1 instigated her daughter PW2 to depose against her father. Hence the evidence of PW2 being a tutored evidence, cannot be relied upon. Further, the evidence of PW3-mother of PW1 also cannot be relied upon. The trial court, without considering the above aspect, erroneously convicted and sentenced the petitioner. Thus, he submitted that there are arguable points in this appeal and the petitioner has every chance to succeed in this Criminal appeal. Thus, he prayed for suspension of sentence till the disposal of this Criminal appeal.
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5. The learned Public Prosecutor (Puducherry) objected to suspend the sentence and grant bail to the petitioner and submitted that at the time of deposing before the trial court, the victim girl is aged 14 years. In her evidence, she had clearly deposed about the activities of her own father and hence, there is no reason to disbelieve the evidence of PW2. Thus he seeks for dismissal of this petition.
6. Considering the facts and circumstances of the case and also taking note of the fact that the earlier Suspension of sentence application was dismissed only on 03.04.2023 and there is no change in circumstances, hence, this Court is not inclined to grant suspension of sentence to the petitioner.
7. Accordingly, this criminal miscellaneous petition is dismissed.
04.05.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order jv/dsa https://www.mhc.tn.gov.in/judis 4/6 Crl.MP.No.6613 of 2023 in Crl A. No.315 of 2023 To
1. The Special Judge (Under the POCSO Act-2012) Principal Sessions Judge, Puducherry.
2.The The Inspector of Police Mettupalayam Police Station, Puducherry.
3.The Public Prosecutor, High Court, Madras.
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