Supreme Court – Daily Orders
Kebiraj vs The State Of Tamil Nadu on 25 May, 2026
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(Arising out of SLP(Crl.) No. of 2026)
(@Diary No.63189 of 2025)
KEBIRAJ APPELLANT
VERSUS
THE STATE OF TAMIL NADU & ANR. RESPONDENTS
R1 : THE STATE OF TAMIL NADU
R2 : XXX
O R D E R
Heard learned senior counsel/counsels for the parties.
2. Leave granted.
3. The present appeal is directed against the impugned order
dated 29.08.2025 passed by the High Court of Judicature at Madras
in Crl.M.P. No.16400 of 2025 in Crl.A. No.1372 of 2025 by which,
the petition filed by the appellant for suspension of his sentence
of imprisonment recorded by the Trial Court vide judgment dated
13.08.2025 in Sessions Case No.320 of 2000 under Sections 354A(ii),
376(2)(f) read with Section 511 and under Section 506(ii) of the
Indian Penal Code, 1860 (for short, the “IPC”) and sentenced to
Signature Not Verified
Digitally signed by
undergo
SAPNA BISHT
Date: 2026.05.26
18:08:03 IST
rigorous imprisonment for a period of one year under
Reason:
Section 354A(ii) of the IPC, to undergo rigorous imprisonment for a
period of ten year along with a fine of Rs.50,000/- (Rupees Fifty
2
Thousand) and in default, to further undergo simple imprisonment
for six months under Section 376(2)(f) read with Section 511 of the
IPC and to undergo rigorous imprisonment for a period of two yeas
under Section 506(ii) of the IPC, has been dismissed.
4. Learned senior counsel for the appellant submitted that the
appellant was a Coach of Judo in the State of Tamil Nadu and the
respondent no.2-victim is said to be one of his students and the
incident alleged had happened seven years prior to the lodging of
the police complaint. It was submitted that the appellant has a
clean record except for one case under the Protection of Children
from Sexual Offences Act, 2012 in which, trial is going on and that
too, with regard to the allegation that the appellant had committed
sexual offence during the period 2012-2013, whereas, the complaint
was lodged in the year 2021. In any view of the matter, learned
senior counsel for the appellant contended that the allegation
prima facie appears to be totally unbelievable and incorrect for
the reason that there were four other persons present in the Indica
Car in which, the incident is said to have happened and none of the
so-called persons have, before the Court even whispered with regard
to there being any hue or cry raised or noise made by the
respondent no.2-victim much less, the incident occurring. It was
contended that even otherwise, it is unbelievable that in a Car
having five persons, the appellant would commit such an offence.
Learned senior counsel further submitted that the immediate cause
of action according to him appears to be the non-selection of the
respondent no.2 in a tournament for which, she blames the
appellant.
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5. Learned counsel for the respondent no.1-State of Tamil Nadu
submitted that the prosecution has found the story true and thus,
upon proper trial, the appellant was convicted by the Trial Court.
It was contended that initially, in the present appeal, the
appellant had not disclosed about his antecedent of the other case
which itself, should be a ground to dismiss the present appeal
outright.
6. Learned counsel for the respondent no.2-victim submitted that
the Court may give due weightage to the fact that the respondent
no.2, being a girl, could not muster the courage to make a
complaint. However, when others started expressing their experience
with regard to the misconduct of the appellant, the respondent no.2
also mustered the courage to come out in the open being fully aware
of the damage to her reputation.
7. Earlier, vide order dated 11.03.2026, we had directed the
appellant to be released on interim bail.
8. Today, upon an overall circumspection of the facts and
circumstances of the present case and also taking note of the
probabilities, without recording any definite finding or making any
comment on the merits of the case, we are inclined to allow the
prayer for suspension of sentence and release of the appellant on
bail.
9. Accordingly, the appeal is allowed. The sentence against the
appellant, as recorded by the Trial Court, is suspended and he is
directed to be released on bail. The interim bail granted by this
Court on 11.03.2026 stands confirmed.
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10. Pending application(s), if any, including the application for
exemption from filing custody certificate, shall stand disposed of.
……………………..………………………………………………J.
[AHSANUDDIN AMANULLAH]
…………………………………………………………………………J.
[R. MAHADEVAN]
NEW DELHI
MAY 25, 2026
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ITEM NO.5 COURT NO.13 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).63189/2025
[Arising out of impugned final judgment and order dated 29-08-2025
in CRLMP No.16400/2025 passed by the High Court of Judicature at
Madras]
KEBIRAJ Petitioner(s)
VERSUS
THE STATE OF TAMIL NADU & ANR. Respondent(s)
(IA No. 283108/2025 – EXEMPTION FROM CUSTODY CERTIFICATE
IA No. 283104/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 285914/2025 – EXEMPTION FROM FILING O.T.
IA No. 283761/2025 – EXEMPTION FROM FILING O.T.
IA No. 283102/2025 – EXEMPTION FROM FILING O.T.
IA No. 285913/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 283759/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 25-05-2026 This matter was called for hearing today.
CORAM :
HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
HON’BLE MR. JUSTICE R. MAHADEVANFor Petitioner(s) Mr. C. Manishankhar, Sr. Adv.
Mr. Rahul M. Shankhar, Adv.
Ms. Avanti Balachander, Adv.
Mr. M. Aravindan, Adv.
Mr. K. Shiva, AoR
Mr. Saurabh Ankit, Adv.
Mr. Amiti Gupta, Adv.
For Respondent(s) Mr. Sabarish Subramanian, AoR
Mr. Karunakar Mahalik, AoR
Mr. Manoranjan Mishra, Adv.
Ms. Peddi Readdy Satya, Adv.
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O R D E R
Heard learned senior counsel/counsels for the parties.
2. Leave granted.
3. The appeal is allowed in terms of the signed order.
4. Pending application(s), if any, including the application for
exemption from filing custody certificate, shall stand disposed of.
(SAPNA BISHT) (ANJALI PANWAR)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)
