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2015 Supreme(Mad) 3624

IN THE HIGH COURT OF MADRAS
S. Tamilvanan, C.T. Selvam, JJ.
L. Prakash - Appellant
Vs.
State - Respondent
Crl. A. No. 770 of 2011
Decided On : 24-04-2015

Advocates Appeared:
For the Appellant : A. Ramesh, B. Natarajan
For the Respondent: Shanmugavelayutham

Headnote:

Information Technology Act, 2000 - Section 67 - Immoral Traffic (Prevention) Act, 1956 - Section 5 - Representation of Women (Prohibition) Act, 1986 - Section 6 - Arms Act, 1959 - Section 27 - Criminal Procedure Code ,1973 - Section 374(2) - Fast Track - Appeal Against conviction - Appellant/A1 stands convicted and sentenced by learned Additional Sessions Judg holding that alleged guilt against appellant/A1 has been proved beyond reasonable doubt - Accordingly appellant/A1 was convicted under Section 506(ii) Indian Penal Code and sentenced to undergo years R.I. and to pay a fine - Appellant herein is an Orthopedic surgeon having his clinic at Main Road under name and style of Institute for Special Orthopedics - During period of occurrence he was having a farm house at near Port District and a rental guest house at A2 to A4 were employees under A1 as such used to procure young girls/ladies with help of one used to detain them in said Farm house or guest house - Held, Therefore from evidence available on record and arguments advanced by both learned Senior counsel and learned Public Prosecutor this Court is of considered view that appellant is guilty of offences as discussed above and hence Court has to confirm conviction in respect of offences for which charges were framed by Court below and consider only quantum of sentence awarded for offence section 6 of Immoral Traffic [Prevention] Act, 1956 - According to learned Senior counsel sentence of life imprisonment imposed on appellant/A1 is exorbitant and it is not proportionate to gravity of offence hence he pleaded for reduction of sentence - Criminal Appeal is partly Allowed

JUDGMENT :

S. Tamilvanan, J.

1. The Criminal Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, by the appellant/A1 against the judgment of conviction, dated 06.02.2008 made in S.C. No. 9 of 2009 on the file of the Additional Sessions Judge/Fast Track Court No. V, Chennai. 2. The appellant/A1 stands convicted and sentenced by the learned Additional Sessions Judge, holding that the alleged guilt against the appellant/A1 has been proved beyond reasonable doubt. Accordingly, the appellant/A1 was convicted under Section 506(ii) IPC and sentenced to undergo 7 years R.I. and to pay a fine of Rs. 5000/- with default sentence of 6 months R.I.; convicted under Section 67 of Information Technology Act, 2000 and sentenced to undergo 5 years R.I. and to pay fine of Rs. 1,00,000/- with default sentence of 6 months R.I; convicted under Section 367 IPC and sentenced to undergo 10 years R.I. and to pay a fine of Rs. 5000/- with default sentence of 6 months R.I; convicted under Section 5 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to undergo 7 years R.I. and to pay fine of Rs. 5000/- with default sentence of 6 months R.I; convicted under Section 6 of the Immoral Traffic (Prevention) Act, 1956 and sentenced to undergo Life Imprisonment and to pay a fine of Rs. 5000/- with default sentence of 6 months R.I; convicted under Section 4 read with Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 and sentenced to undergo 2 years R.I. and to pay fine of Rs. 2000/- with default sentence of 6 months R.I; convicted under Section 27 of the Arms Act, 1959 and sentenced to undergo 7 years R.I. and to pay fine of Rs. 5000/- with default sentence of 6 months R.I. As per the Judgment, all the sentences were ordered to run concurrently.

2. The case of the prosecution, in a nut shell, is as follows:-

[a] Al, the appellant herein is an Orthopedic surgeon, having his clinic at II Main Road, Anna Nagar, Chennai, under the name and style of "Institute for Special Orthopedics". During the period of occurrence, he was having a farm house at Kalanchikuppam near Ennore Port, Ponneri Taluk, Thiruvallur District and a rental guest house at Valasaravakkam, Chennai-116. A2 to A4 were employees under A1, as such A2 - Saravanan [Ward Boy]; A3 - Vijayan [Driver] and A4 - Azir [Lab Technician] used to procure young girls/ladies with the help of one Chitra [turned approver], used to detain them in the said Farm house or guest house. Between 2000 and 2001, the accused involved the young girls/ladies, forcibly and without their consent, into various sexual activities with S. Ganesan [complainant herein] or A2, A3, A4 or other male persons and A1, had photographed and also videographed the same. A1 used to send those photographs and videographs to his younger brother Pradeep Laxshmanan [absconding accused], who is employed in USA, used to upload the said videos and photos in the website for commercial purpose. At times, A1 used his licensed gun to threaten the girls/ladies to involve in such activities.

[b] It is further stated that P.W. 1, S. Ganesan, was one of the victims of A1, Dr. Prakash, who in his evidence has deposed about the illegal and immoral activities of the appellant/Al in extenso. He was threatened at gun point by A1 to have sexual relationship with the ladies/girls and A1 used to videograph and also take photographs of the same. Despite the complainant's repeated request, A1 uploaded the photographs and videographs in the web site, which was watched and informed by his friend at Pondicherry. Upon the advise of his uncle, P.W. 1 went to Vadapalani Police Station and lodged a complaint [Ex. P. 1].

[c] P.W. 28 - Chitra, in her evidence has deposed vividly about her acquaintance with A1. She had stated that subsequent to her marriage with Narendran, she came to Anna Nagar and got settled and that she had interest in dancing. While so, during the year 2000, her car met with an accident due to drunk and driving








































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