Ayupkhan vs The Inspector Of Police
2022 Latest Caselaw 10191 Mad

                                                                    Crl.M.P.No.12067 of 2021 in Crl.R.C.No.581 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          DATED : 15.06.2022

                                                                 CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                     Crl.M.P.No.12067 of 2021
                                                                in
                                                      Crl.R.C.No.581 of 2021

                     1. Ayupkhan
                     2. Noorjahan                                                   ..       Petitioners

                                                                   Vs

                     The Inspector of Police
                     Kuthanallur Police Station
                     Thiruvarur 614 014
                     Crime No.38 of 2016                                            ..       Respondent

                     Prayer: Criminal Miscellaneous Petition filed under Section 389(1) r/w
                     Section 439 of the Code of Criminal Procedure to suspend the sentence
                     imposed by the judgment passed by the learned Sessions Judge, Mahila
                     Fast Track court for Exclusive Trial of Cases under POCSO Act,
                     Thiruvarur - 614 014 dated 18.02.2021 in Spl.S.C.No.19 of 2017 under
                     Sections 10 and 7 r/w Section 9(n) of POCSO Act and release the
                     petitioner on bail pending disposal of the above said criminal appeal.


                                  For the Petitioners :      M/s.A.Veeramarthini
                                  For the Respondent         :      Mr.S. Vinoth Kumar,
                                                                    Government Advocate (Crl. Side)


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                                                                  Crl.M.P.No.12067 of 2021 in Crl.R.C.No.581 of 2021



                                                             ORDER

Learned counsel appearing on behalf of the appellant would submit

that the appellant is in jail from 18.02.2021 and considering the fact that

he was convicted only for offence under Section 10 of the POCSO Act and

having been acquainted under Section 6 of the POCSO Act, would pray

that the sentence be suspended.

2. Learned Government Advocate (Crl. Side) would submit that the

allegations in this case are serious in nature even though the appellant is

convicted for offence under Section 10 of the POCSO Act.

3. I have considered the rival submissions made on behalf of either

sides and perused the materials on records of this case.

4. The allegations in this case are serious in nature and the appellant

being the step-father has indulged in this serious act of committing sexual

assault on 10 year old victim. Therefore, there is no prima facie case made

out for suspension of sentence.

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Crl.M.P.No.12067 of 2021 in Crl.R.C.No.581 of 2021

5. In the light of the aforesaid, the suspension of sentence is

dismissed.

15.06.2022 (1/2)

Index : yes/no Speaking order/Non-speaking order

drm

To:

1. Sessions Judge Mahila Fast Track court for Exclusive Trial of Cases under POCSO Act Thiruvarur - 614 014.

2.The Public Prosecutor, High Court, Madras.

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Crl.M.P.No.12067 of 2021 in Crl.R.C.No.581 of 2021

D.BHARATHA CHAKRAVARTHY. J.,

drm

Crl.M.P.No.12067 of 2021 in Crl.R.C.No.581 of 2021

15.06.2022 (1/2)

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