Balachandar vs State

K.Murali Shankar, J

The above petition has been filed seeking orders to extend the time granted in Crl.A.(MD)No.275 of 2009, dated 25.10.2019 for a further period of two weeks.

The petitioner is the appellant. He filed the Criminal Appeal challenging the judgment of conviction made in S.C.No.32 of 2007, dated 07.09.2009, on the file of the Mahalir Neethimandram, Tirunelveli, wherein he was found guilty for the offences under Sections 376(g) and 506(ii) I.P.C., and sentenced him to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.15,000/-, in default to undergo one year Simple Imprisonment for the offence under Section 376(g) I.P.C., and sentenced to undergo 7 years Rigorous Imprisonment for the offence under Section 506(ii) I.P.C. A learned Judge of this Court, vide judgment dated 25.10.2019, partly allowed the appeal and the punishment imposed on the appellant for the offence under Section 376 I.P.C., by the trial Court was reduced to 7 years Rigorous Imprisonment and he was directed to pay the compensation of Rs.2,00,000/- to the victim girl within a period of two weeks from the date of receipt of a copy of the said judgment, failing which, the punishment imposed by the trial Court is restored.

Admittedly, the petitioner/appellant has not paid the compensation as directed by this Court. Now he filed the present application seeking extension of time. The petitioner, in the affidavit filed in support of the time extension petition stated that he was not aware of the order of compensation passed by this Court, that he is an uneducated person coming from poor family background and he has got full knowledge of the judgment of this Court when the legal aid Counsel met him and informed about the compensation order, that he contacted his mother immediately and informed about the judgment made in the appeal, that he is undergoing sentence in central prison, Palayamkottai without any adverse remakes, that he has already undergone 6 years imprisonment including the remand period, that the non-payment of compensation is neither wilful nor wanton, that the petitioner is ready to pay the compensation of Rs.2,00,000/- to the victim as directed by this Court and that the petitioner will be put to irreparable loss and hardship if time is not extended.

When this Court raised a query about the inordinate delay, the learned Counsel for the petitioner would submit that the petitioner is ready to deposit some more amount ie., Rs.3,00,000/- to the victim and taking note of the reasons assigned, two weeks further time may be given for compliance.

The learned Government Advocate (Crl.Side) would submit that they are leaving it to the discretion of this Court.

Considering the submissions made by the learned Counsel for the petitioner, this Court directed the learned Government Advocate (Crl.Side) to ascertain whether the victim lady is agreeing for receiving Rs.3,00,000/- at this point of time.

When the matter was taken up for hearing subsequently, the learned Government Advocate (Crl.Side) produced a letter given by the victim girl, who is now aged about 33 years, wherein she has stated that she married one Prakash and she had two children through him and all are living at Thukkatchi Village, that the child born to her through the second accused is now with her sister Krishnaveni, that her son Thirumalai Nambi, now aged at 20 years does not know the past happenings and living with the said Krishnaveni and her husband as if they are his parents and that therefore, the amount may be deposited in her sister Krishnaveni's bank account so as to benefit her son Thirumalai Nambi. The said Krishnaveni has also given a letter reiterating the contentions in the victim's letter and further stated that the said amount can be deposited in her bank account for the benefit of her sister's son Thirumalai Nambi.

The learned Government Advocate (Crl.Side) would submit that since the victim is now living with her husband and children, visiting the Court and getting the amount will not be in the interest of her present family life, that the victim's child Thirumalai Nambi, now aged 20 years, is now living with the victim's sister Krishnaveni's family, that the said Thirumalai Nambi was not aware of his past and thinks that the said Krishnaveni and her husband are his parents and that therefore, as per the victim's request, the amount can be deposited in Krishnaveni's account.

Considering the facts and circumstances of the case and letters from the victim and her sister, it is in everyone's interest, to direct the petitioner to deposit the amount in Krishnaven's bank ensuring the victim and her son Thirumalai Nambi are supported.

The learned Counsel for the petitioner would submit that the petitioner is ready to deposit the amount tomorrow (27.11.2025) itself and the matter may be posted day after tomorrow (28.11.2025) for reporting compliance.

Hence, the petitioner is directed to deposit Rs.3,00,000/- (Rupees Three Lakhs only) in the victim's sister Krishnaveni's bank account No. 132401000012198, Indian Overseas Bank, Thiruchendur Branch.

List the matter for reporting compliance on 28.11.2025.