IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Tenth day of January Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA

CRIMINAL MISCELLANEOUS PETITION No.11797 of 2021

IN CRL.A.No.557 of 2021

SARAVANAN @ JAYAKUMAR

[ PETITIONER/APPELLANT/ACCUSED ]

Vs

STATE REP BY [ RESPONDENT/COMPLAINANT ]

THE INSPECTOR OF POLICE,

W18, ALL WOMEN POLICE STATION,

M.K.B NAGAR,

CHENNAI-39

Petition praying that in the circumstances stated therein and in

the affidavit filed therewith the High Court will be pleased to

suspend the sentence imposed on the petitioner by judgment dated

12.07.2021 passed in S.C.No.480/2021 on the file of Learned Sessions

Judge, Special Court for Exclusive Trail of Cases Under POCSO Act,

Chennai-104 and enlarge the petitioner on bail pending disposal of

the above CRL.A.No.557 of 2021 thus render justice.

Order : This petition coming on for orders upon perusing the

petition and the filed in support thereof and upon hearing the

arguments of M/S G.RAVIKUMAR, Advocate for the petitioner and of

M/S.S.SUGENDRAN, Government Advocate (Crl.Side) on behalf of the

Respondent the court made the following order:-

(This case has been taken up through video conference)

This Criminal Miscellaneous petition has been filed by the

petitioner seeking suspension of sentence of imprisonment imposed by

the Special Court for Exclusive Trial of Cases under POSCO Act,

Chennai in SC.No.480 of 2018 dated 12.07.2021.

2. In any by the judgment of the Trial Court, the

petitioner/accused was convicted and sentenced for the following

offences :-

https://hcservices.ecourts.gov.in/hcservices/

Offences

Conviction and Sentence

Sec.8 of POSCO Act

Sentenced to undergo 5 years

imprisonment and to pay a fine

of Rs.5,000/- i/d. one month

S.I.

Section 12 of POSCO Act

Sentenced to undergo 3 years

imprisonment and to pay a fine

of Rs.5,000/- i/d. one month

S.I.

Section 506 (ii) IPC

Sentenced to undergo 2 years

imprisonment

against which the present appeal has been filed.

3. The case of the prosecution is that the defacto

complainant/PW2 is the father of the victim girl/PW1. The victim

mother/PW3 got separated from PW2 and she was living separately with

her children (victim girl/PW1 and her son) and was living with the

accused. The accused frequently visited the house, whileso, on

29.08.2015 at about 2.30pm. the accused sat in a naked position in

their house and threatened the victim girl and her mother to sit in

the same nude position in front of him and also threatened them with

dire consequences. The accused had also sexually assaulted the victim

girl by touching her breast inappropriately. Based on the complaint

given by PW2/father of the victim girl, the case was registered by the

P.5, MKB Nagar P.S., Chennai in Cr.No.845 of 2015. Since, the case

was registered for the offences under Section 8 of POSCO act r/w.506

(ii) IPC on 01.09.2015 at 10.00hrs. The case was taken up by the then

Inspector of Police and had recorded the statement of the victim girl

and other witnesses on 01.09.2015 and the respondent arrested the

accused and remanded to judicial custody on 02.09.2015.

4. Since, the case was registered for the offence under Section 8

of POSCO act, the case was transferred to W-18, AWPS, MKB Nagar,

Chennai on 24.08.2018 and thereafter the I.O. produced the victim girl

before the XIV Metropolitan Magistrate, Egmore, Chennai and recorded

the statement of the victim girl under Section 164 Cr.PC on

17.09.2018. After completion of investigation, charge sheet was filed

against the accused before the POSCO Court Chennai and taken up for

trial in SC.No.480 of 2018. On the side of the prosecution, PW1 to

PW9 were examined and 7 witnesses were marked. After completion of

recording evidence, the trial Court had questioned the petit