CRL MP No. 7672 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL MP No. 7672 of 2026 in CRL A NO. 550 OF 2026 Subramaniyan @ Rajkumar S/o.Uthirapathi, Mariyamman Kovil Theru, Periya Sooriyur, Trichy, (Now confined as convict prisoner in Trichy Central Prison) ..Petitioner(s) Vs State through, The Inspector of Police, Tiruvarur Town Police Station, Tiruvarur District. Cr.No.134 of 2021. ..Respondent(s) CRL A No. 550 of 2026 Subramaniyan @ Rajkumar S/o.Uthirapathi, Mariyamman Kovil Theru, Periya Sooriyur, Trichy, (Now confined as convict prisoner in Trichy Central Prison) ..Appellant(s) Vs State through, The Inspector of Police, Tiruvarur Town Police Station, Tiruvarur District. Cr.No.134 of 2021. ..Respondent(s) https://www.mhc.tn.gov.in/judis CRL MP No. 7672 of 2026 __________ Page2 of 6 Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023, praying to suspend the sentence imposed against the petitioner in Special S.C.No.34 of 2021 on the file of the learned Sessions Judge, Fast Track Mahila Court, Tiruvarur dated 29.07.2024 and release him on bail till the disposal of the appeal. For Petitioner(s): Mr.Dhilipan Pandian for M/s.S.Ramesh Kumar For Respondent(s): Mrs.Sharada Vivek Counsel for Government of Tamilnadu (Crl. Side) ORDER The petitioner/accused in Spl.S.C.No.34 of 2021 was convicted by the Trial Court, by judgment dated 29.07.2024 and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.5,000/- for offence under Section 361 r/w 363 of I.P.C. and sentenced to undergo twenty years rigorous imprisonment and to pay a fine of Rs.10,000/- for offence under Section 5(l) r/w 6 of POCSO Act. 2. The contention of the learned counsel for petitioner is that the petitioner has been falsely implicated in this case. The petitioner neither enticed nor took the victim girl forcibly. It was the victim girl, who was madly in love with the petitioner and she voluntarily accompanied him. It is further contended that the victim already attained majority at the time of the incident. The age proof documents, namely, Exs.P5/Admission Register and P6/Transfer Certificate, cannot be accepted. PW7, the Head Master of the school confirms https://www.mhc.tn.gov.in/judis CRL MP No. 7672 of 2026 __________ Page3 of 6 that there was no birth certificate in the school Register and the age was recorded earlier, when the victim joined Class VII. Hence, the age not properly proved. It is seen that the victim was only four months short of attaining majority. He further submitted that PW3, the mother of the victim girl clearly states that the petitioner not kidnapped the victim girl and he had only brought the victim girl to the police station. It was the wrongful act of the victim girl, for which the petitioner is now in the gallows. He further submitted that PW13, the Doctor, who treated the victim, found no external injuries confirming that there was no force or violence used by the petitioner. The petitioner has been in prison for more than five years and six months. Hence, he prayed for granting suspension of sentence to the petitioner. 3. The learned counsel for Government of Tamilnadu (Crl. Side) strongly opposed the petitioner’s contention and submitted that the petitioner was sentenced to undergo twenty years rigorous imprisonment for Section 5(l) r/w 6 of POCSO Act and for offence under Section 361 r/w 363 of I.P.C., he was sentenced to undergo seven years rigorous imprisonment. The petitioner is aged about 42 years at the time of occurrence and the victim was 17 years and few months. The petitioner taking advantage of the victim’s financial circumstances and her underage, knowing well that she was a minor, enticed the victim and committed penetrative sexual assault. The victim in her statement under Section 164 of Cr.P.C. as well as in her evidence, had clearly confirmed the act of the https://www.mhc.tn.gov.in/judis CRL MP No. 7672 of 2026 __________ Page4 of 6 petitioner on her body. She further submitted that PW3/mother confirms that the victim was produced by the petitioner. In this case, school certificate is sufficient as per Juvenile Justice Act to confirm the age of the victim. Further, PW13/Doctor marked Ex.P9/Accident Register and Ex.P10/Medical Opinion, wherein he clearly confirmed that the hymen found intact. She further submitted that in the Accident Register, the Doctor had recorded the victim girl’s statement, wherein she clearly stated that she had gone to the petitioner’s house and penetrative sexual assault was committed there. She further submitted that in this case PW13 not cross-examined with regard to the material aspects and no suggestion was put as to why the hymen was found not intact. Thus the evidence of the victim girl, mother of the victim and Doctor confirmed the physical act of the petitioner. The victim being minor has been proved by the evidence of school Head Master. 4. Finding that the victim was a minor at the time of incident and the same was established by the evidence available on record, this Court is not inclined to entertain this petition. 5. Accordingly, the Criminal Miscellaneous Petition is dismissed. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RSI https://www.mhc.tn.gov.in/judis CRL MP No. 7672 of 2026 __________ Page5 of 6 To 1.The Sessions Judge, Fast Track Mahila Court, Tiruvarur. 2. The Inspector of Police, Tiruvarur Town Police Station, Tiruvarur District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL MP No. 7672 of 2026 __________ Page6 of 6 M.NIRMAL KUMAR J. RSI CRL MP No. 7672 of 2026 in CRL A NO. 550 OF 2026 24-07-2026 https://www.mhc.tn.gov.in/judis