[Cites 6, Cited by 0]
Madras High Court
Kannan vs The State Represented By on 6 January, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A(MD)No.269 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
Crl.A(MD)No.269 of 2025
Kannan ... Appellant/Sole Accused
Vs.
The State represented by,
The Inspector of Police,
Viralimalai Police Station,
Pudukkottai District.
(Crime No.525 of 2021). ... Respondent/Complainant
PRAYER:- Criminal Appeal is filed under Section 374 (2) of Cr.P.C
to call for records and set aside the conviction passed by the learned
Sessions Judge, Mahila Court, Pudukkottai in Spl.S.C.No.41 of
2021 dated 02.09.2022 and acquit the appellant of the charge.
For Appellant : Mr.S.Sivasubramanian
For Respondent : Mr.R.M.Anbunithi
Additional Public Prosecutor
1/8
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Crl.A(MD)No.269 of 2025
JUDGMENT
(Judgment of the Court was delivered by
G.K.ILANTHIRAIYAN, J.)
This appeal is directed as against the Judgment passed in
Spl.S.C.No.41 of 2021 dated 02.09.2022, on the file of the learned
Sessions Judge, Mahila Court, Pudukkottai, thereby convicted the
appellant for the offences punishable under Section 5(l) read with
Section 6(1) of the Protection of Children from Sexual Offences
(Amendment) Act, 2019 (in short hereinafter referred to as 'the
POCSO Act, 2019') and Section 363 of I.P.C.
2.The case of the prosecution is that on 22.10.2021, the
minor victim girl aged about 15 years was kidnapped by the accused
in his two wheeler bearing Registration No.TN-10-Q-8647, Bajaj
Platinum and he committed penetrative sexual assault on the victim
girl on the pretext of marriage. Based on the complaint lodged by the
mother of the victim girl, F.I.R has been registered in Crime No.525
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of 2021 for the offences punishable under Section 363 I.P.C and 6(l)
of POCSO Amendment Act, 2019. After completion of investigation,
the respondent filed a final report for the offences punishable under
Section 363 of I.P.C and 5(l) and 6(l) of POCSO Act, 2019.
3.After completion of trial, the Trial Court found the
appellant guilty for the offences punishable under Section 363 of
I.P.C and Section 5(l) read with 6(l) of POCSO Act, 2019 and
sentenced him to undergo life imprisonment and imposed a fine of
Rs.1,00,000/-, in default, to undergo one year of Rigorous
Imprisonment for the offence under Section 5(l) r/w 6(l) of POCSO
Act, 2019 and sentenced him to undergo 7 years Rigorous
Imprisonment and imposed a fine of Rs.20,000/-, in default, to
undergo 6 months of Simple Imprisonment for the offence under
Section 363 of I.P.C. Aggrieved by the same, the present appeal has
been preferred by the appellant.
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4.While the appeal was pending, the learned counsel
appearing for the appellant submitted that the appellant was ready
and willing to marry the victim girl. The victim girl and her family
members had also accepted their love affair and were ready to permit
the marriage with the appellant.
5.This Court, by order dated 09.12.2025, suspended the
sentence of the appellant in Crl.M.P(MD)No.7621 of 2025 in
Crl.A(MD)No.269 of 2025, subject to the following conditions:
“5.Considering the above facts and circumstances
of the case, this criminal miscellaneous petition is allowed
and the substantive sentence of imprisonment alone is
suspended subject to the following conditions:-
i. The petitioner is directed to be enlarged on bail
on executing a bond for Rs.10,000/- (Rupees Ten thousand
only) with two sureties, each for a like sum to the
satisfaction of the learned Sessions Judge (Mahila Court),
Pudukkottai.
ii. The sureties shall affix their photographs and
Left Thumb Impression in the surety bond and the Trial
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Court may obtain a copy of their Aadhar card or Bank
passbook to ensure their identity.
iii. The petitioner shall appear and sign before the
trial Court at 10.30 a.m., on the first working day of every
English calender month, till the disposal of the Criminal
Appeal.
iv. The petitioner shall marry the victim girl on or
before 05.01.2026 and register the marriage before the
concerned authorities and produce the marriage certificate
before this Court on or before 06.01.2026.”
6.As directed by this Court, the appellant married the
victim girl and the marriage was duly registered before the
Registering Authority, Viralimalai, Pudukottai District, vide
Registration No.47 of 2025 dated 22.12.2025. They also appeared
before this Court and produced the marriage registration certificate.
Both of them deposed that they are living happily.
7.In view of the above, the conviction and sentence
imposed on the appellant in Spl.S.C.No.41 of 2021 dated
02.09.2022, on the file of the learned Sessions Judge, Mahila Court,
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Pudukkottai, would not serve any useful purpose, since both the
appellant and the victim girl have married and are living happily. In
these circumstances, this Court cannot shut its eyes to the ground
reality and disturb the happy married life of the appellant and the
victim girl.
8.In the result, this Criminal Appeal is allowed and the
Judgment, dated 02.09.2022 made in Spl.S.C.No.41 of 2021 on the
file of the learned Sessions Judge, Mahila Court, Pudukkottai, is
hereby set aside. The appellant is acquitted of all the charges. The
bail bond, if any, executed by the appellant shall stand cancelled.
The fine amount, if any paid, shall be refunded to the appellant. The
appellant shall be set at liberty forthwith, if he is no longer required
in connection with any other case.
[G.K.I.J.,] & [R.P.J.,]
06.01.2026
NCC :Yes/No
Index :Yes/No
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To
1.The Sessions Court,
Mahila Court,
Pudukkottai.
2.The Inspector of Police,
Viralimalai Police Station,
Pudukkottai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.K. ILANTHIRAIYAN, J.
AND
R. POORNIMA, J.
ps
06.01.2026
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