[Cites 12, Cited by 0]

Madras High Court

Vijayakrishnan vs The State Rep.By on 20 April, 2026

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                               Crl.M.P.No.5047 of 2026

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 20.04.2026

                                                        CORAM:

                         THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                Crl.M.P.No.5047 of 2026
                                                in Crl.A.No.301 of 2026

                 Vijayakrishnan                                              ... Petitioner
                                                            Vs.
                 1.     The State represented by,
                        The Assistant Superintendent of Police.
                        Villupuram Sub-Division,
                        Villupuram District.

                 2.     The Inspector of Police,
                        Thiruvennainallur Police Station,
                        Villupuram District.

                        (Crime No.827 of 2024)

                 3.     Abirami                                              ... Respondents

                 PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of
                 the Bharatiya Nagarik Suraksha Sanhita/Section 389(1) of Cr.P.C., to
                 suspend the sentence imposed in Spl.S.C.No.6 of 2025 dated 27.02.2026 on
                 the file of the Special Court for Exclusive Trial of Cases registered under
                 the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
                 Act, 1989, Villupuram, and enlarge the petitioner on bail pending disposal
                 of the criminal appeal.

                                       For Petitioner   :   Mr.M.Rajkumar
                                       For R1 & R2      :   Ms.J.R.Archana
                                                            Government Advocate (Criminal Side)

                 1/10


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.M.P.No.5047 of 2026


                                                      ORDER

This Criminal Miscellaneous Petition has been filed seeking

suspension of sentence of imprisonment, imposed by the learned Special

Court for Exclusive Trial of Cases registered under the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram,

in Spl.S.C.No.6 of 2025, vide judgment dated 27.02.2026.

2. The brief facts of the case are as follows:-

2.1. The petitioner/appellant is alleged to have committed

offences punishable under Sections 318(2), 64 and 351(3) of the BNS,

Section 4 of the TN Prohibition of Harassment of Women Act, 2002

(TNPHW Act) and Sections 3(1)(w)(i) and 3(2)(v) and 3(2)(va) of the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989, [SC/ST (PoA) Act] on the victim/de facto complainant. Hence, a case

in Crime No.827 of 2024 came to be registered on 05.10.2024.

2.2. During the course of investigation, the case was altered

to one under Sections 351(3) & 55 of the BNS, Section 4 of the TNPHW

Act, 2002, Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va) of the SC/ST (PoA) Act

and Sections 417, 376 & 108 of IPC.

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2.3. After completion of investigation, the investigating

officer filed a charge sheet before the learned Sessions Judge, Special Court

for Exclusive Trial of Cases registered under the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, Villupuram and the same

was taken on file as Spl.S.C.No.6 of 2025.

2.4. On issuance of summons, the accused appeared before

the Court and in compliance of Section 207 of Cr.P.C., copies of relied

upon documents were furnished to him.

2.5. After hearing the counsel on both sides, charges were

framed against the accused. During initial questioning in respect of the

incriminating materials, the accused denied the charges and sought trial.

2.6. On the side of the prosecution, PW1 to PW20 were

examined and Ex.P1 to Ex.P20 and M.O.1 (Cruzer Blade 8GB pen drive)

were marked. On the side of the defence, though no witnesses were

examined, Ex.D1 to Ex.D8 were marked.

2.7. The trial Court, after hearing the arguments on both

sides and upon consideration of the entire materials on record, found the

petitioner/appellant guilty of the offences charged and convicted and

sentenced him vide judgment dated 27.02.2026 as follows:-

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Under Section Sentence 417 IPC One year simple imprisonment 376 IPC Ten years rigorous imprisonment and fine of Rs.10,000/-, in default, to undergo two years rigorous imprisonment.

351(3) BNS Three year rigorous imprisonment 3(1)(w)(i) of the SC/ST Five years rigorous imprisonment and (PoA) Act fine of Rs.5,000/-, in default, to undergo one year rigorous imprisonment.

The aforesaid sentences were ordered to run concurrently.

3. The submissions of the learned counsel appearing for the

petitioner/appellant are as follows:-

3.1. The petitioner/appellant is innocent and there was a

consensual relationship between the petitioner/appellant and the victim/de

facto complainant (PW1). Further, it is not the case where the

petitioner/appellant had cheated the victim/de facto complainant (PW1) to

get his lust satiated and therefore, the offences under Sections 376 & 417 of

IPC cannot be made out on the facts of the present case. Hence, a case of

consensual relationship between the parties, which has later turned sour, has

been falsely projected as a case of rape and cheating.

3.2. In the evidence of the victim/de facto complainant

(PW1), she admitted that she was the one who refused to continue the

relationship with the petitioner/appellant. She further admitted to having

https://www.mhc.tn.gov.in/judis

relationship with one Yogeshwaran. When the petitioner/appellant

questioned about her affair with the said Yoeshwaran, the victim/de facto

complainant (PW1) threatened him stating that she would file a complaint

against him.

3.3. Furthermore, the victim/de facto complainant (PW1)

admitted that the petitioner/appellant had requested her mother’s permission

for marriage and informed her that the victim (PW1) was having an affair

with another person.

3.4. In such circumstances, the case of the prosecution is

false and the trial Court has erred in convicting the petitioner/appellant.

3.5. There are arguable points available in the Criminal

Appeal, which is unlikely to be taken up for final hearing in the near future

and the petitioner/appellant have a fair chance of succeeding in the appeal.

3.6. The petitioner was granted bail during trial and he has

not misused the liberty granted to him. The petitioner/appellant has been

suffering incarceration in the Central Prison, Cuddalore, from the date of

arrest i.e., on 27.02.2026. Hence, the sentence imposed on the

petitioner/appellant may be suspended and he may be enlarged on bail.

4. In support of his contention that the offences under Section

376 & 417 of IPC cannot be made out in a case of prolonged consensual

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relationship subsequently turning sour, the learned counsel appearing for

the petitioner/appellant relied on the oft-quoted judgment of the Hon’ble

Apex Court in Mahes Damu Khare vs. The State of Maharastra &

Another reported in (2024) 11 SCC 398.

5. The learned Government Advocate (Criminal Side)

appearing for respondents 1 and 2 produced the counter filed by the first

respondent before this Court today and submitted as follows:

5.1. The petitioner/appellant, who belongs to a backward

community, became acquainted with the victim/de facto complainant

(PW1), who belongs to a scheduled caste community, in a brick kiln. Under

the false promise of marriage, the petitioner/appellant allegedly had sexual

intercourse with the victim/de facto complainant (PW1) and subsequently

refused to marry her.

5.2. When the victim/de facto complainant (PW1)

questioned the petitioner/appellant regarding his change in behaviour, he

harassed her by using her caste name. Consequently, due to the humiliation

caused by the petitioner/appellant, the victim/de facto complainant (PW1)

also attempted to commit suicide.

https://www.mhc.tn.gov.in/judis

5.3. The trial Court, after taking into consideration the

oral and documentary evidence adduced by the prosecution, rightly found

the petitioner/appellant guilty and convicted and sentenced him, as stated

above. Hence, the petition seeking suspension of sentence may be

dismissed.

6. Though notice has been served on the third respondent and

her name is printed in the cause list, there is no representation on her behalf.

7. Heard the learned counsel for the petitioner/appellant and

the learned Government Advocate (Criminal Side) appearing for

respondents 1 and 2 and perused the materials on record.

8. Considering the facts and circumstances of the case and

also the submissions made by the learned counsel on either side and taking

note of the period of incarceration undergone by the petitioner/appellant,

this Court is of the view that the sentence of imprisonment can be

suspended and the petitioner/appellant can be granted bail on certain

conditions. Accordingly, pending disposal of the appeal, the substantive

sentence of imprisonment alone is suspended and the petitioner/appellant is

enlarged on bail, subject to the following conditions:-

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“(i) The petitioner/appellant shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram;

(ii) The petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders;