Angamuthu vs State By The Inspector Of Police on 24 July, 2023

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Supreme Court - Daily Orders

Angamuthu vs State By The Inspector Of Police on 24 July, 2023

Bench: Sanjay Karol

                                                    1


     ITEM NO.1708                             COURT NO.11                SECTION II-C

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 27497/2023

     ANGAMUTHU                                                         Petitioner(s)

                                                   VERSUS

     STATE BY THE INSPECTOR OF POLICE                                  Respondent(s)

     (FOR ADMISSION and I.R. and IA No.134297/2023-CONDONATION OF DELAY
     IN FILING and IA No.134301/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.134302/2023-EXEMPTION FROM FILING O.T.
     and IA No.134299/2023-EXEMPTION FROM SURRENDERING WITHIN TIME )

     Date : 24-07-2023 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SANJAY KAROL
                                              [IN CHAMBER]


     For Petitioner(s)
                                      Ms. R. Shase, AOR

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

1. The petitioner stands convicted for committing an offence punishable under Sections 363 and 366 of Indian Penal Code and Section 3(b) punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and has been sentenced to serve imprisonment of three years in relation to Sections 363 and 366 IPC and sentence for Signature Not Verified Digitally signed by Deepak Singh Date: 2023.07.26 a period of 10 years in relation to offence under POCSO Act. 17:10:15 IST Reason:

2. Assailing the same, the petitioner preferred an appeal 2 and in terms of the impugned judgment, the High Court has reversed the conviction in relation to an offence punishable under Section 3(2) of the POCSO Act.

3. As such, as on date, the petitioner is undergoing to serve sentence in relation to the offences he is found guilty under the provisions of Indian Penal Code.

4. Learned counsel for the petitioner submits that the petitioner has already deposited the amount of fine, in terms of the judgment of the Trial Court.

5. It is further argued that the petitioner has an arguably good case for acquittal and in all eventually is likely to succeed in the present appeal. Also the petitioner has suffered incarceration for a period of eight months.

6. In view of aforesaid attending facts, the application seeking exemption from surrendering is allowed.

(DEEPAK SINGH)                                            (RAM SUBHAG SINGH)
COURT MASTER (SH)                                         COURT MASTER (NSH)

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