A petitioner convicted of offences under the POCSO Act is not entitled to suspension of sentence and release on bail if there is a likelihood of him causing trouble to the victim girl.

CRL MP(MD) No.13903 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Monday, the Ninth day of January Two Thousand and Twenty Three

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL MP(MD) No.13903 of 2022

IN

CRL A(MD) No.396 of 2021

MURUGAN

... APPELLANT/SOLE ACCUSED

Vs

State Rep.by

THE INSPECTOR OF POLICE

ALL WOMEN POLICE STATION,

DINDIGUL, DINDIGUL DISTRICT.

(IN CRIME NO.13 OF 2018)

... RESPONDENT/COMPLAINANT

Petition filed praying that in the circumstances stated therein

and in the petition filed therewith the High Court may be pleased to

suspend the sentence imposed against the petitioner and release him

on bail pending disposal of the main Criminal Appeal before this

Honble court against the Judgment of the Honble Sessions Judge, Fast

Track Mahila court, Dindigul in Special S.C.No.49 of 2018 dated

05.05.2021.

Prayer in CRL A(MD).396/2021 :

To call for the entire records connected with the judgment

rendered by the Hon'ble Sessions Judge, Fast Track Mahila Court,

Dindigul in Special S.C.No.49 of 2018 dated 05.05.2021 and set aside

the same and consequently acquit the appellant

Order : This petition coming up for orders on this day, upon

perusing the petition filed in support thereof and upon hearing the

arguments of M/S.PRAKASH R, Advocate for the petitioner and of

MR.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the

Respondent, the court made the following order:-

This Criminal Miscellaneous Petition is filed to suspend the

conviction and sentence imposed against the petitioner in Special SC

No.49 of 2018, dated 05/05/2021 by the Sessions Judge, Fast Track

Mahila Court, Dindigul and enlarge the petitioner on bail pending

disposal of the criminal appeal.

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

CRL MP(MD) No.13903 of 2022

2.The case of the prosecution in brief:-

On 02/09/2018 at about 05.30 pm, when the victim girl went to

the groceries shop, while she was retuning to her house by crossing

the railway gate, the accused called her, forcibly pulled her into

his hut and committed penetrative sexual assault. She was also

threatened by him that if she discloses the occurrence to her

parents, he would kill her family members. Again, on 03/09/2018 at

about 05.30 pm, when the victim girl was returning to her house from

her school, the accused pulled her to his hut and committed

penetrative sexual assault. Based upon the occurrence, the case was

registered for the offence under section 5(1)(m) r/w section 6 of

POCSO Act,2012. After completing the formalities of investigation,

the respondent police filed charge sheet against the

petitioner/accused for the offences under sections 5(1)(m) r/w 6 of

POCSO Act.

3.At the time of trial process, on the side of the prosecution

to prove the guilt of the accused, 18 witnesses have been examined

and 11 documents marked. On the side of the accused, none was

examined and no document was also exhibited.

4.At the conclusion of the trial, the trial court found the

accused guilty, convicted and sentenced to undergo 10 years R/I and

imposed a fine of Rs.5,000/- with default clause for the offence

under section 5(1)(m) r/w section 6 of POCSO Act, 2012 and for the

offence under section 506(i)IPC, sentenced him to undergo one year

R/I. The above said sentences are directed to run concurrently.

5.Challenging the above said sentence, criminal appeal has been

preferred before this court. Pending appeal, this criminal

miscellaneous petition has been filed by the petitioner.

6.Heard both sides.

7.The learned counsel appearing for the petitioner would submit

that there was no injury on the private part of the victim; the date

of birth of the victim was not properly established and the dress

materials were not recovered and sent to the Forensic Science

Laboratory for chemical examination.

8.The next submission is th