The importance of corroborative evidence and the need for consistency in witness testimonies to establish guilt under the Tamil Nadu Prohibition of Harassment of Women Act.

1. The Crl.R.C. is filed against the judgment dated 24.2.2006 in Crl.A.No.75 of 2005 on the file of the VI Additional Sessions Judge, i/c of IV Additional Court, Chennai, against the judgment dated 10.2.2005 in C.C.No.1468 of 2004 on the file of the 23rd Metropolitan Magistrate, Saidapet, Chennai.

2. The trial Court convicted the revision petitioner/accused for the offence under Section 385 IPC and sentenced him to undergo six months' simple imprisonment and to pay fine of Rs.500/-, in default, to undergo one month simple imprisonment; he was also convicted for the offence under Section 354 IPC and sentenced him to undergo six months' simple imprisonment and to pay fine of Rs.500/-, in default, to undergo one month simple imprisonment; he was also convicted for the offence under Section 506 (Part 2) IPC and sentenced to undergo one year simple imprisonment, and to pay fine of Rs.500/-, in default, to undergo one month simple imprisonment and he was also convicted for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and sentenced to undergo one year simple imprisonment and to pay fine of Rs.3,000/-, in default, to undergo two months' simple imprisonment.

3. Challenging the said conviction and sentence passed by the trial Court, the revision petitioner/accused filed appeal and the first appellate Court partly allowed the appeal and set aside the conviction and sentence in respect of the offences under Sections 385, 354 and 506 (Part 2) IPC and acquitted the revision petitioner/accused from these offences and confirmed the conviction and sentence in respect of the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and enhanced the fine amount from Rs.3,000/- to Rs.10,000/-, in default, to undergo two months' simple imprisonment. Challenging the said conviction and sentence passed by the first appellate Court, the present Crl.R.C. is filed by the revision petitioner/accused.

4. The case of the prosecution is that the revision petitioner/accused who is an auto driver, used to transport P.Ws.1 and 2 who are the sister and brother, to school and P.W.3 who is the father of P.Ws.1 and 2, is well acquainted with the accused. On 30.12.2003 at about 6 p.m., when P.Ws.1 and 2 were on their way to home, the revision petitioner/accused wrongfully restrained them and demanded Rs.400/- and threatened them with knife point and would murder them and would sprinkle acid on their face and the accused pulled P.W.1 with the hands and abused her and she gave Rs.400/- to the accused. P.Ws.1 and 2 made alarm and the public gathered and immediately, the accused escaped from the place. P.Ws.1 and 2 intimated the incident to P.W.3, their father. Subsequently, the complaint Ex.P-1, was given, which was received by P.W.5 and a case was registered in Crime No.2233 of 2003 and Ex.P-2 FIR was prepared and he investigated the case and arrested the accused and seized M.O.1 on the basis of the confession given by the accused under Ex.P-3. P.W.5 filed the charge sheet against the accused for the said offences.

5. The trial Court, after considering the oral evidence of P.Ws.1 to 5 and Exs.P-1 to P-3 and M.O.1, convicted and sentenced the accused as stated above, against which, the revision petitioner/accused preferred appeal before the first appellate Court and the first appellate Court, after hearing the arguments of both sides, set aside the conviction and sentence in respect of Sections 385, 354 and 506 (Part 2) IPC and convicted and sentenced him in respect of the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and enhanced the fine amount.

6. Challenging the conviction and sentence passed by the first appellate Court, learned counsel for the revision petitioner/accused made the following contentions:

(i) The first appellate Court disbelieved the evidence of P.Ws.1 and 2 in respect of the IPC offences, i.e. Sections 385, 354 and 506 (Part 2) IPC and so, t