Vijay @ Kutti Vijay v. The State of Tamilnadu

O R D E R The petitioner, sole accused in Spl.S.C.No.16 of 2021, on the file of the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases Under POCSO Act, Thanjavur was found guilty by the trial Court and was convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 6 of POCSO Act 25 years RI Rs.20,000/- 1 year RI 361 r/w 363 IPC 5 years RI Rs.5,000/- 6 months RI 9 of Prohibition of Child Marriage Act 1 year RI Rs.5,000/- 2 months RI As against the conviction and sentence imposed by the trial Court in Spl.S.C.No.16 of 2021, dated 29.08.2023, the petitioner has filed a Criminal Appeal in Crl.A(MD)No.470 of 2025 and the same was admitted by this Court on 22.04.2025. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court.

¶2The case of the prosecution is that the petitioner and the victim girl were known to each other for some time. On 24.03.2020 at about

10.30 am, when the victim girl was standing in front of her house, the petitioner induced her, taken her to Coimbatore, where he married the victim girl on 27.03.2020 at about 11.00 am. They lived as husband and wife, due to which, the victim girl got pregnant. Hence, the case.

¶3The learned counsel appearing for the petitioner submits that the petitioner and the victim child are close relatives. The petitioner was 21 years old and the victim child was 16 years old at the relevant point of time. The petitioner and the victim loved each other and the parents of the victim girl have objected for the same. Therefore, the victim child has eloped with the petitioner to Coimbatore. Without knowing the consequences, they married, lived together for a period of nine months and during such period, the victim child has also become pregnant. Pursuant to the complaint lodged by the parents of the victim child, the respondent police secured the victim child from Coimbatore and brought her to the police station. Thereafter, the parents of the victim child filed a separate application seeking abortion. Accordingly, the fetus was aborted pursuant to the directions of this Court. Therefore, according to the learned counsel, this is a case arising out of a love affair without knowing the consequences. According to him, the petitioner has been in jail from the date of conviction, i.e., 29.08.2023, nearly three years.

¶4The learned Government Advocate appearing for the respondent submits that the victim child was 16 years old at the relevant point of time. According to him, the petitioner is a history-sheeted rowdy involved in several cases. The details of the cases against the petitioner have been furnished before this Court and the same are extracted below:- S. No. Police Station Crime No. & Sections of Law Stage

¶1PKT Town PS Cr.No.307/2016, u/s 147, 148, 302 IPC @ 147, 148, 341, 302, 120(B) IPC PT

¶2PKT Town PS Cr.No.65/2017, u/s 341, 324, 336, 392, 307 IPC r/w 3(1) of PDL Act NTF

¶3PKT Town PS Cr.No.242/2017, u/s 147, 148, 323, 324, 307 IPC PT

¶4PKT Town PS Cr.No.133/2018, u/s 147, 148, 294(b), 323, 324, 506(ii) IPC UI

¶5PKT Town PS Cr.No.141/2018, u/s 399 IPC UI

¶6PKT Town PS Cr.No.323/2018, u/s 294(b), 341, 323, 324, 506(i), 307 IPC NTF

¶7PKT Town PS Cr.No.183/2019, u/s 386, 506(ii) IPC NTF

¶8PKT Town PS Cr.No.123/2020, Girl Missing @ Section 366(A) IPC @ POCSO Act Con

¶9PKT Town PS Cr.No.2031/2020, u/s 147, 148, 324, 506(ii) IPC r/w Section 25(1A) of the Arms Act PT

¶10Edaiyur PS Cr.No.21/2023, u/s 379 IPC NTF

¶11Usilampatti Town Cr.No.124/2023, u/s 20(b)(ii)

(B), 25, 8(c) of the NDPS Act NTF

¶5This Court considered the rival submissions made and also perused the materials placed on record.

¶6Though the petitioner has made out a case that, without knowing the consequences, he had a physical relationship with the victim child, who was aged 16 years, considering the antecedents of the petitioner, this Court is not inclined to suspend the sentence imposed on him. The cases against the petitioner are pending either for trial or under investigation. The murder case registered against the petitioner in the year 2016 has been pending trial for the past 10 years. Considering his involvement in several cases, which are serious in nature, and the fact that the trials are pending, this Court is not inclined to suspend the sentence of this petitioner.

¶7Accordingly, this Criminal Miscellaneous Petition is dismissed.

14.07.2026 mbi To

1.The learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases Under POCSO Act, Thanjavur.

2.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.MP(MD)oNo.5280oofo2025oin oCrl.A(MD)oNo.470oofo2025 B.PUGALENDHI,oJ., mbi Crl.MP(MD)oNo.5280oofo2025 in Crl.A(MD)oNo.470oofo2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.07.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.5280 of 2025 in Crl.A.(MD)No.470 of 2025 Vijay @ Kutti Vijay ... Petitioner Vs. State of Tamil Nadu, The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District. Crime No.123/2020 ... Respondent Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence imposed by the Principal Special Court for Exclusive trial of cases under POCSO Act, Thanjavur in Spl.S.C.No.16 of 2021, dated 29.08.2023 and enlarge the petitioner on bail pending disposal of the Criminal Appeal. For Petitioner : Mrs.M.Krishna Veni For Respondent : Mrs.V.Moushica, Government Advocate (Crl. Side)