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2025 DAILYLAW 69080 (MAD)

Gokul @ Appu v. The State Rep by, The Inspector of Police,

CRL MP/11631/2025 · 2025-06-20

G K Ilanthiraiyan

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P No.11631 of 2025 in Crl.A.No.669 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2025 CORAM: THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.11631 of 2025 in Crl.ANo.669 of 2025 Gokul @ Appu ... Petitioner Versus The State Represented by The Inspector of Police, Vellore North Police Station, Vellore District. ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence and release the petitioner on bail pending disposal of the Criminal Appeal as against the judgment rendered by the learned Special Court (POCSO Act, 2012) Vellore (Juvenile Court) in Spl.S.C.No.23 of 2022, dated 18.02.2025. For Petitioner : Mr. D. Rajagopal For Respondent : Mr. S. Raja Kumar, Additional Public Prosecutor. 1/5 https://www.mhc.tn.gov.in/judis Crl.M.P No.11631 of 2025 in Crl.A.No.669 of 2025 ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Special Court (POCSO Act, 2012) Vellore (Juvenile Court), in Spl.S.C.No.23 of 2022 dated 18.02.2025, and to enlarge the petitioner on bail pending disposal of the above appeal. 2. The petitioner, who is an one of the accused in Spl.S.C.No.23 of 2022, was convicted and sentenced by the learned Special Court (POCSO Act, 2012) Vellore (Juvenile Court), vide Judgment dated 18.02.2025, as follows: Conviction Sentence Section 147 r/w Section 34 r/w Section 149 of IPC to undergo rigorous imprisonment for a period of 2 years, along with a fine of Rs.1,000/-, and in default of payment of the fine, undergo simple imprisonment for a further period of one month. Section 342 r/w Section 34 r/w Section 149 of IPC To undergo rigorous imprisonment of one year. Section 395 r/w Section 397 r/w Section 34 r/w Section 149 of IPC To undergo rigorous imprisonment of 10 years, along with a fine of Rs.5,000/-, and in default to undergo simple imprisonment for a further period of 3 months. Section 366 r/w Section 368 r/w Section 34 r/w Section 149 of IPC To undergo rigorous imprisonment of 10 years, along with a fine of Rs.5,000/-, and in default to undergo simple imprisonment for a further period of 3 months. 2/5 https://www.mhc.tn.gov.in/judis Crl.M.P No.11631 of 2025 in Crl.A.No.669 of 2025 Conviction Sentence Section 354A(i) r/w Section 34 r/w Section 149 of IPC To undergo rigorous imprisonment of 3 years, along with a fine of Rs.1,000/-, and in default to undergo simple imprisonment for a further period of one month. Section 376D r/w Section 34 r/w Section 149 of IPC. To undergo rigorous imprisonment of 20 years, along with a fine of Rs.10,000/-, and in default to undergo simple imprisonment for a further period of 3 months. Section 386 r/w Section 34 r/w Section 149 of IPC. To undergo rigorous imprisonment of 5 years, along with a fine of Rs.1,000/-, and in default to undergo simple imprisonment for a further period of one month. Section 506(ii) r/w Section 34 r/w Section 149 of IPC. To undergo rigorous imprisonment of 2 years. Aggrieved by the same, the petitioner has filed the present petition. 3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4. This Court finds no reason to suspend the sentence since the Trial Court has gone through the evidence in its entirety and also finds that the petitioner, who was a juvenile at the time of occurrence, had committed very serious and heinous offence of gang rape against the victim girl, along with four others. 3/5 https://www.mhc.tn.gov.in/judis Crl.M.P No.11631 of 2025 in Crl.A.No.669 of 2025 5. In the result, the petition for suspension of sentence is dismissed. 20.06.2025 (2/2) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order klt To 1. The learned Special Court (POCSO Act, 2012) Vellore (Juvenile Court). 2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Vellore North Police Station, Vellore District. 4/5 https://www.mhc.tn.gov.in/judis Crl.M.P No.11631 of 2025 in Crl.A.No.669 of 2025 G.K.ILANTHIRAIYAN, J. klt Crl.M.P.No.11631 of 2025 in Crl.A.No.669 of 2025 20.06.2025 (2/2) 5/5 https://www.mhc.tn.gov.in/judis