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Shankar v. The State Rep. by

DISMISSED
Court
High Court of Madras
Decided
22 April 2025
Bench
P. Velmuruganauthor
Case no.
CRL MP 8067/2025

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Judgment

O R D E R This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022 vide order dated 25.02.2025 and to enlarge him on bail, pending disposal of the above Criminal Appeal.

¶2Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent/Police and perused the materials available on record.

¶3The respondent-Police registered a case against the petitioner in Crime No.4 of 2022 for the offences under Sections 7, 8, 12 and 11(a)(iv) of POCSO Act and under Sections 354B, 354(A)(i) and 354(D)(i) of IPC and the same was taken on file in Spl.S.C.No.174 of 2022 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore. The learned Special Judge, found the petitioner/accused guilty for the offences under Sections 7, 8, 11(iv) and 12 of POCSO Act and convicted and sentenced him to undergo five years rigorous imprisonment and to pay fine of Rs.20,000/- in default to undergo one year rigorous imprisonment for the offence under Sections 7 and 8 of POCSO Act and sentenced him to undergo three years rigorous imprisonment and to pay fine of Rs.5,000/-, in default to undergo two months simple imprisonment for the offences under Section 11(iv) and 12 of POCSO Act. Hence, the petitioner has filed this petition seeking to suspend the sentence imposed on the petitioner by the learned Special Judge.

¶4Considering the serious nature of offence, this Court is not inclined to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022.

¶5Hence, this Criminal Miscellaneous Petition is dismissed.

22.04.2025 ( ½) mfa Index:Yes/No Speaking Order: Yes/No To

¶1The Special Court for Exclusive Trial of Cases under POCSO Act, Vellore.

¶2The Inspector of Police, All Women Police Station, Katpadi, Vellore.

¶3The Public Prosecutor, High Court, Chennai. P.VELMURUGAN, J mfa in Crl.A.No.385 of 2025

22.04.2025

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN in Crl.A.No.385 of 2025 Shankar ... Petitioner Vs. The State represented by The Inspector of Police, All Women Police Station, Katpadi, Vellore. ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of BNSS Act, to suspend the sentence imposed on the petitioner by the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore in Spl.S.C.No.174 of 2022 dated 25.02.2025 and to enlarge him on bail, pending disposal of the above Criminal Appeal. For Petitioner : Mr.C.P.Siva Mohan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.