Madras High Court
Velayutham vs The State Represented By on 4 May, 2023
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)
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1/6
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
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.
https://www.mhc.tn.gov.in/judis
Crl.MP.No.6613 of 2023
in Crl A. No.315 of 2023
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
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.
https://www.mhc.tn.gov.in/judis
Crl.MP.No.6613 of 2023
in Crl A. No.315 of 2023
G.K.ILANTHIRAIYAN. J,
jv/dsa
Crl.M.P.No. 6613 of 2023
in Criminal Appeal No. 315 of 2023
04.05.2023
https://www.mhc.tn.gov.in/judis
