Case Note & Summary
The petitioner, Rajkumar, was convicted by the Special Court for trial of cases under SC/ST (POA) Act, Theni, in Spl.SC.No.183 of 2020, for offences under Section 376 read with 511 IPC and Section 3(1)(w)(i) of the SC/ST (POA) Act. He was sentenced to five years rigorous imprisonment for attempt to rape and six months rigorous imprisonment for the SC/ST Act offence, with fines. Aggrieved, he filed an appeal before the Madurai Bench of Madras High Court in Crl.A(MD) No.405 of 2025, which was admitted. He also filed this application under Section 430 BNSS to suspend the sentence and be enlarged on bail pending appeal. The prosecution case was that on 04.11.2019 at about 6.20 am, when the victim, a Scheduled Caste woman, went to attend nature's call, the petitioner punched her, pushed her to the ground, and attempted to commit rape. A complaint was lodged immediately, and the victim was medically examined the same day. The petitioner's counsel argued that the allegation was false, the victim suffered no injury, and there was a personal dispute between the petitioner and the victim's son leading to false implication. The Government Advocate countered that the victim suffered four injuries as per the Accident Register dated 04.11.2019, including abrasion on lower lip, nail marks on neck, bleeding per vaginum, and contusion on hard palate. However, the Accident Register was not marked as evidence before the trial court. The court noted that the presence or absence of injuries is a crucial factor for considering suspension of sentence. To verify the injuries, the court directed the Deputy Superintendent of Police, Andipatti, to produce the original Accident Register and medical records of the victim before the court on the next hearing date. The court also suo motu impleaded the District Collector, Theni, and the Secretary to Government, Home Department, Chennai, as respondents. The matter was adjourned for further consideration.
Headnote
A) Criminal Procedure - Suspension of Sentence - Section 430 BNSS - Bail Pending Appeal - The court considered an application for suspension of sentence pending appeal against conviction for attempt to rape and offences under SC/ST Act - The petitioner argued false implication due to personal dispute and absence of injuries - The prosecution pointed to injuries recorded in Accident Register not marked before trial court - The court directed production of original Accident Register and medical records to verify injuries before deciding the suspension application - Held that the presence or absence of injuries is a crucial factor for considering suspension of sentence (Paras 1-7).
Issue of Consideration
Whether the sentence of imprisonment imposed on the petitioner should be suspended pending appeal under Section 430 BNSS, considering the nature of injuries and the veracity of the prosecution case.
Final Decision
The court directed the Deputy Superintendent of Police, Andipatti, to produce the original Accident Register and medical records of the victim before the court on the next hearing date. The matter was adjourned for further consideration. The court also suo motu impleaded the District Collector, Theni, and the Secretary to Government, Home Department, Chennai, as respondents.
Law Points
- Suspension of sentence pending appeal
- Section 430 BNSS
- consideration of injuries and medical evidence
- prima facie case for bail
