Chennai:

The Madras High Court on Tuesday refused to suspend the three-year jail sentence given to former Tamil Nadu Special Director General of Police Rajesh Das in a sexual assault case, even as the court said crimes against women, girls and girl children are increasing rapidly. Are increasing.

While dismissing the criminal miscellaneous petitions, Justice M Dhandapani also refused to grant exemption to Das from surrendering before the trial court. In 2021, a local court in Villupuram convicted Das and sentenced him to three years of rigorous imprisonment for allegedly sexually assaulting a female IPS officer.

Originally, Das had filed a criminal revision petition attacking the order of the Principal District and Sessions Court, Villupuram, which confirmed the conviction and sentence imposed on him by the Chief Judicial Magistrate, Villupuram on June 16, 2023. Was. During the pendency of this petition, he filed the present criminal miscellaneous petitions.

The judge said that in cases involving insult to the dignity of women or indecent behavior with them, the courts should act very cautiously and slowly while suspending the sentence of the accused, who were convicted through concurrent judgments of the courts below. Has gone.

The judge said that the present case involved a person who held a very high position in the police force. “In fact, holding the post of Director General of Police (Law and Order), i.e., at the top of the post in the police force.” The police force was a disciplined force in which even individuals holding basic positions had to exhibit the highest discipline and integrity and had to present themselves and conduct themselves as role models for the citizens of the country.

The judge said that in the present case, the revision petitioner was accused of indecent behavior with his subordinate, a female employee.

When the general public misbehaves with women, it is the police officers who take action. The judge said he is held in high regard for discharging his duties without any fear or favour.

The judge noted that, however, in the present case, the revision petitioner, being higher in hierarchy in the police department, was accused of behaving indecently with his subordinate, including threatening the woman for not filing a complaint against him. .

The judge said the gist of the dispute is that the revision petition is unlikely to be heard soon and therefore the inconsistencies, contradictions and weaknesses in the evidence adduced by the senior counsel appearing for the petitioner should be applied to it. The court suspended the sentence imposed on the petitioner pending consideration of the revision.

The judge said, when this court weighs the said evidence, which was alleged to be inconsistent but had inconsistencies, weaknesses and contradictions, it must be pointed out that the said weaknesses may affect the basis of the case.

Their value will be immense when the revision is considered, but certainly at the time when this Court was considering the suspension of sentence, the contradictions pointed out on behalf of the petitioner were not of such a nature that it would be appropriate to do so. Affirmative, said the judge.

Moreover, the main basis of attack on the review of the case by the lower courts is based on the evidence of the victim, which according to the senior counsel for the petitioner has no corroboration.

The judge said that in cases of such nature, the courts are bound to weigh the evidence of the victim to arrive at a conclusion as to whether the said evidence is credible or not.

“When the courts below have concurrently considered the said evidence to be reliable and credible, sitting in revision and considering the petition for suspension of sentence, it would not be appropriate for this Court to look at the entire evidence in the manner in which the learned Judge “The appreciation received needs to be considered during the main revision hearing itself,” the bench said.

In order to consider suspension of sentence the court has to find whether the evidence adduced was so incredible as to constitute a prima facie case which alone would give the accused the advantage of seeking suspension of sentence.

“However, the evidence of PW1 (victim) along with other materials do not in any way affect the crux of the case and, therefore, it would not be in the interest of justice if this Court suspends the sentence, especially on Considering the fact that the revision petitioner was not a novice and in fact the revision petitioner was holding the post of DGP and a person of the said stature coming from a disciplined force should conduct himself in a proper manner…” “.. “But the actions of the revision petitioner have demoralized the police force. The contradictions pointed out by the petitioner were not sufficient to consider suspension of sentence,” the judge said. he said.

Therefore the court was not inclined to suspend the sentence as sought by Das.

“Accordingly, the petition for suspension of sentence is dismissed. Consequent to the dismissal of the above petition, the petition granting liberty to the petitioner to surrender before the trial court is also dismissed.” However, the court granted liberty to the petitioner to surrender before the trial court and apply for regular bail and on filing of such petition, the trial court will consider it on the same day and pass appropriate orders as per law.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)