IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

Curative Petition (Criminal) No. 3/2023 In Review Petition (Criminal) No.56/2022 In Special Leave Petition (Criminal) No.5650/2021

Sankar …Petitioner

Versus

State of Tamil Nadu …Respondent

O R D E R

1 The Curative Petition has been instituted on behalf of the Petitioner, accused Sankar invoking the jurisdiction of this Court under Article 142 of the Constitution.

2 The petitioner was convicted under Section 6 of the Protection of Children from Sexual Offences Act 20121 and sentenced to suffer 20 years' rigorous imprisonment, on a finding that the prosecutrix was 14

<span id="page-0-0"></span>¹ "POCSO Act"

years of age at the time of the incident. It is submitted that the petitioner and the prosecutrix are married for many years and have two children.

3 It has been is submitted that during the pendency of the appeal before the High Court, the sentence of the petitioner was suspended and the petitioner was enlarged on bail. However pursuant to the order passed by the High Court dismissing the appeal and thereafter of this Court dismissing the Special Leave Petition and the review petition, the petitioner has been taken into custody.

4 The petitioner has submitted that with his incarceration, his marital life with the prosecutrix has been shattered, leaving the prosecutrix and her children destitute.

5 The petitioner relies on the decision of this Court in K Dhandapani v. State by the Inspector of Police2 , by which in a similar set of facts, this Court set aside the conviction in exercise of its powers under Article 142 of the Constitution of India.

6 Issue notice, returnable on 17 April 2023.

7 A copy of the Curative Petition shall be served upon the Standing Counsel for the State of Tamil Nadu.

<span id="page-1-0"></span>2 2022 SCC OnLine SC 1056

2

8 To be listed in the Court on 17 April 2023.

…….………..………………………….CJI [Dr Dhananjaya Y Chandrachud]

…………………………………………….J [Sanjay Kishan Kaul]

….…………………………………………J [K M Joseph]

…..………………………………………..J [M R Shah]

New Delhi; March 03, 2023

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

CURATIVE PET(R) No. 3/2023 in R.P.(Crl.) No. 56/2022 in SLP(Crl) No. 5650/2021 (Arising out of impugned final judgment and order dated 09-03-2022 in R.P.(Crl.) No. No. 56/2022 13-08-2021 in SLP(Crl) No. No. 5650/2021 passed by the Supreme Court Of India)

SANKAR Petitioner(s)

VERSUS

THE STATE OF TAMIL NADU Respondent(s)

(FOR ADMISSION and IA No.12625/2023-ORAL HEARING)

Date : 02-03-2023 These matters were called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE M.R. SHAH

By Circulation

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

1 Issue notice, returnable on 17 April 2023.

• 2 A copy of the Curative Petition shall be served upon the Standing Counsel for the State of Tamil Nadu.
• 3 List the Curative Petition on 17 April, 2023 in terms of the signed order.

(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)