Authority: High Court of Judicature at Madras

Order Date: 02-11-2026

Case Overview

  • Petitioner: Illyas; Respondent: State represented by the Inspector of Police, All Women Police Station, Gudiattam, Vellore District (Crime No.3 of 2019).
  • Criminal Miscellaneous Petition filed under Section 430(1) of BNSS seeking suspension of the sentence passed on 28-04-2025 in Special S.C. No.116 of 2020 by the Special Judge (POCSO Act) Vellore.
  • Conviction: offences under Section 5(1)(j)(ii) r/w 6 of the POCSO Act and Section 506(i) IPC; sentence of twenty years rigorous imprisonment, fine Rs 10,000, with concurrent two-year terms for each offence in default.
  • Prosecution alleged petitioner, a relative of the victim, sexually assaulted a 15-year-old girl, resulting in pregnancy and birth of a child; DNA report identified petitioner as the biological father.
  • Victim and parents (PW1‑PW3) turned hostile; trial court relied on the complaint, Section 164 Cr.P.C. statement, and DNA report (opinion evidence) for conviction.
  • Petitioner's counsel argued lack of substantive evidence and hostile witnesses; sought set-aside of the judgment.
  • Court noted a prima facie case for suspension pending appeal and ordered bail.

Final Outcome

  • Sentence suspended pending disposal of the criminal appeal.
  • Petitioner released on bail subject to:

(a) Bond of Rs 10,000 with two sureties of equal amount;

(b) Affixing photographs, left thumb impressions, and submission of Aadhar/bank passbook and mobile numbers for identity verification;

(c) Mandatory appearance before the Trial Court on the first working day of each month at 10:30 a.m.; failure to appear requires application under Section 317 Cr.P.C. for a substitute date.

Topics: Criminal Law, POCSO Act, Bail