Madras High Court
Palanipriya vs State Represented By on 12 October, 2023
Crl.M.P.No.2956 of 2023 in Crl.A.No.201 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.2956 of 2023
in Crl.A.No.201 of 2023
1. Palanipriya
Wife of Senthilkumar
2. Santhi
Wife of K.Muthupandi .. Petitioners
-vs-
State represented by
The Inspector of Police
W-24 All Women Police Station
Teynampet
Chennai 600 006
(Crime No.04 of 2018) .. Respondent
Criminal Miscellaneous Petition filed under Section 389(1) of the
Code of Criminal Procedure to suspend the sentence imposed by the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO
Act, Chennai 600 104 in Special S.C.No.77 of 2020 vide judgment dated
06.04.2022 and enlarge the petitioners on bail, pending disposal of the
appeal.
For Petitioners :: Mr.R.John Sathyan
Senior Counsel for Mr.K.Sudhakar
For Respondent :: Mr.A.Gokulakrishnan
Additional Public Prosecutor
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Crl.M.P.No.2956 of 2023 in Crl.A.No.201 of 2023
ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
(i) The first petitioner/A1 stands convicted for the offence under
Sections 6 & 10 of the Protection of Children from Sexual Offences Act,
2012 (for short, 'POCSO Act') as well as under Section 75 of the Juvenile
Justice (Care & Protection) Act (for short, 'JJ Act') and sentenced to undergo
imprisonment for life and also to pay a fine of Rs.25,000/-, in default to
undergo simple imprisonment for 3 months for the offence under Section 6
of the POCSO Act; to undergo rigorous imprisonment for 7 years and also to
pay a fine of Rs.25,000/-, in default to undergo simple imprisonment for 3
months for the offence under Section 10 of the POCSO Act; to undergo
rigorous imprisonment for 3 years for the offence under Section 75 of the JJ
Act.
(ii) The second petitioner/A2 stands convicted for the offence under
Section 10 of the POCSO Act and sentenced to undergo rigorous
imprisonment for 7 years and also to pay a fine of Rs.25,000/-, in default to
undergo simple imprisonment for 3 months for the said offence.
Challenging the above conviction and sentence imposed by the learned
Sessions Judge, Special Court for Exclusive Trial of Cases under the
POCSO Act, Chennai in Special S.C.No.77 of 2020 vide judgment dated
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Crl.M.P.No.2956 of 2023 in Crl.A.No.201 of 2023
06.04.2022, they have filed the appeal and pending the appeal, they have
taken out the present application seeking to suspend the sentence and
enlarge them on bail.
2. We have heard the learned senior counsel appearing for the
petitioners and the learned Additional Public Prosecutor appearing for the
respondent and also perused the materials available on record.
3. The version of the prosecution in this unfortunate case against the
petitioners/A1 & A2, who are none other than the mother and grandmother
of the victim, is that they used to kiss the victim on her lips and press her
breast. As against the first petitioner, the allegation is serious that she used
to keep the victim nude on her side. The serious allegations of sexual abuse
alleged by the prosecution against the accused may exhibit their unnatural
conduct. However, the version of the accused is that the victim was
influenced to give evidence by the husband of the first accused. It is their
further case that the victim has been really exploited by one
Mr.Neelagandan and it is only in an effort to mislead the family and the
victim, was forced to give evidence against the accused, who are her mother
and grandmother. Moreover, the complaint has come only after the
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Crl.M.P.No.2956 of 2023 in Crl.A.No.201 of 2023
matrimonial dispute between the father and the mother of the victim. In
this kind of cases, the circumstances also speak for itself and the learned
trial Judge has failed to consider several aspects which are relevant.
Considering the fact that the whole case of the prosecution appears to be
improbable and unnatural, this Court finds that the trial Court has not
considered the case of defence in proper perspective and the findings are
vitiated on several factors. It is also to be noted that despite the victim living
in the same house, she had not complained this to her father or grandfather
whom, according to her, are very close to the victim and there is no reason
why she should not report this to her father and grandfather before the
dispute between the husband and wife started. Therefore, this Court finds a
prima facie case in favour of the accused for suspension of sentence.
4. Accordingly, this criminal miscellaneous petition stands allowed
and the substantive sentence of imprisonment imposed on the petitioners/A1
& A2 is suspended and they are granted bail on the following conditions:-
(i) Each of the petitioners shall execute a bond for a sum of Rs.25,000/-
(Rupees twenty five thousand only) with two sureties, of whom one
should be a blood relative, each for a likesum, to the satisfaction of
the learned Sessions Judge, Special Court for Exclusive Trial of Cases
under POCSO Act, Chennai.
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Crl.M.P.No.2956 of 2023 in Crl.A.No.201 of 2023
(ii)The sureties shall affix their photographs and Left Thumb Impression
in the surety bond and the learned Sessions Judge may obtain a copy
of their Aadhar card or Bank Pass Book and mobile numbers to
ensure their identity; and
(iii)The petitioners shall appear before the trial Court on the first working
day of every month at 10.30 a.m., until the disposal of the appeal and
if they are not able to appear before the trial Court on any day, they
shall make arrangements to file an application under Section 317
Cr.P.C. and shall appear before the trial Court on any other day in lieu
of the date of their absence, as directed by the trial Court.
(S.S.S.R.,J.) (S.M.,J.)
12.10.2023
ss
To
1. The Sessions Judge, Special Court for Exclusive Trial of Cases under
POCSO Act, Chennai 600 104
2. The Inspector of Police, W-24 All Women Police Station, Teynampet,
Chennai 600 006
3. The Superintendent, Special Prison for Women, Puzhal, Chennai
4. The Public Prosecutor, High Court, Madras
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Crl.M.P.No.2956 of 2023 in Crl.A.No.201 of 2023
S.S.SUNDAR, J.
AND
SUNDER MOHAN, J.
ss
Crl.M.P.No.2956 of 2023
in Crl.A.No.201 of 2023
12.10.2023
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