(M. Chockalingam, J.)

This judgment shall govern these two appeals, namely, Crl.A.Nos.152 of 2009 and 629 of 2009.

2. Both the appeals challenge a judgment of the Additional Sessions Division (Fast Track Court No.I), Salem, made in S.C.No.292 of 2008, whereby both the appellants as A-1 and A-2 stood charged, tried and found guilty as follows:

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3. The necessary facts for the disposal of both the appeals can be stated thus:

(a) A-2 is the wife of P.W.3. They married seven years before the date of Ex.P-1 and they have two children, a boy aged about 5 years and a girl aged about 2-1/2 years. A-1 was an auto driver by profession. A-2 developed an illicit intimacy with A-1. Along with the children, A-2 left the marital home accompanied by A-1. Pursuant to a complaint given by P.W.3 to Arumbavoor Police Station, they were secured after a period of six months. On their advice, A-2 along with the children came back and was living with P.W.3 for a short time. Thereafter, again she continued her intimacy with A-1.

(b) During the relevant time, both of them were employed in a rice mill at Ram Nagar, Ayodhyapattinam belonged to P.W.7. On 04.09.2006 at about 5.00 PM, A-1 sent the